She filed ...
<drum roll, please> ... a Motion for Rehearing!
(Somehow I missed the hearing that is the subject of this rehearing.)
Quote:
MOTION FOR REHEARING
Petitioners hereby request this Honorable Court to reconsider its decision not to hear the Appeal filed in the above-captioned case. Petitioners make this request based on Rule 22 of the Rules of the Supreme Court of the State of New Hampshire:
Rule 22 authorizes Petitioners to file the instant motion for reconsideration or rehearing. For the Court’s convenience, the rule is stated here in its entirety:
RULES OF THE SUPREME COURT OF THE STATE OF NEW HAMPSHIRE
Rule 22.
(1) A motion for rehearing or reconsideration shall be entered upon the filing with the clerk of the supreme court of the original and 7 copies of the motion and a certificate by counsel that a copy of the motion and notice of the filing have been mailed first class or delivered to opposing counsel and to the clerk of the court or agency from which the appeal or transfer was taken, and (in the case of an appeal from an administrative agency) to the attorney general.
(2) Any motion for rehearing or reconsideration shall be filed within 10 days from the date of the opinion or dismissal or summary decision in matters in which an opinion is not issued. The motion shall state with particularity the points of law or fact that in the professional judgment of the movant the court has overlooked or misapprehended and shall contain such argument in support of the motion as the movant desires to present, but the motion shall not exceed 10 pages. Oral argument in support of the motion shall not be permitted, except at the invitation of the court.
(3) No answer to a motion for rehearing or reconsideration shall be required unless requested by the court, but any answer or objection must be filed within 10 days from the date the motion was filed.
(3-A) If an answer/objection to a motion for rehearing or reconsideration is filed, no reply to the answer/objection may be filed without permission of the court received in advance. A motion for permission to file a reply must be filed within 10 days from the date the answer/objection has been filed in the clerk’s office; provided, however, that the court may act upon a motion for rehearing or reconsideration prior to the expiration of said ten-day period. Any reply to an answer/objection filed without prior permission of the court shall not be considered by the court.
(4) If a motion for rehearing or reconsideration is granted, the court may make a final disposition of the case without reargument or may restore it to the calendar for reargument or resubmission or make such other orders as are deemed appropriate in the circumstances of the case.
(5) Consecutive motions for rehearing or reconsideration shall not be considered or acted upon by the court.
MOTION
Petitioners herein are seeking a review by the Supreme Court of New Hampshire of the decision reached by the Ballot Law commission. Petitioners are seeking such review under Rule 7 (Discretionary Review) and under Rule 10 (Review by Petition of the Decision by the Agency), which was unlawful and unreasonable as well as under Rule 11. Every issue specifically raised herein has been presented to the administrative agency and has been properly preserved for appellate review by a contemporaneous objection or, where appropriate, by a properly filed pleading.
The Court denied to consider Petitioner’s Appeal without opinion on December 27, 2011. Decision by the court was received by the petitioners on December 29, 2011.
Petitioners ask for reconsideration on the basis that Rule 11 and the prior conduct of the Ballot Law Commission establishes a clear basis for this Honorable Court’s assumption of Original Jurisdiction AND notes for the Court that the Office of State Administrative Hearings in Georgia yesterday allowed a similar challenge to proceed. (Decision Attached as Exhibit 1, hereto.) While this of course has no binding effect on this Honorable Court, it does show that this inquiry has been allowed to proceed by another State, and is not automatically dismissed out of hand by every agency and court that reviews this good faith eligibility challenge.
There should be uniformity in decision for presidential eligibility around the country.
blah blah blah
xxxhttp:// www. orlytaitzesq. com/?p=30029
Rule 22, under which this is brought, provides in relevant part:
Quote:
The motion shall state with particularity the points of law or fact that in the professional judgment of the movant the court has overlooked or misapprehended
I'm still looking for the part of Orly's motion where she addresses the points of law or fact that the New Hampshire Supreme Court overlooked or misapprehended in its Order denying review. There's also that professional judgment bit that is missing.