§ Rule 1.13 Rehearing
Rule 1.13. Rehearing
(a) Petition. Applications for a rehearing and a brief in support thereof, unless otherwise ordered by the Court, shall be made by petition to the Court, signed by counsel, and filed with the Clerk within twenty (20) days from the date on which the opinion in the cause is filed. The mailbox rule, extended to various papers by the terms of Rule 1.4(c) and 1.4(e), applies to rehearing petitions to the Supreme Court. No oral argument on a petition for rehearing shall be allowed except upon order of the Court. No petition for rehearing shall be filed or considered without proof of service.
(b) Application for Extension of Time to File Petition. Applications for extension of time to file petitions for rehearing are not favored and are not routinely granted. If an application for an extension of time is filed, it must be filed within twenty days of the date the opinion is filed. No extension of time will be granted for more than twenty days from the original due date for the petition for rehearing. The application will be granted only if the Court determines that extraordinary cause is shown in the application. No second extension of time will be granted. Press of business, that the application is not for delay, or that the issues are complex, are insufficient to show extraordinary cause. An oral application for an extension of time to file the petition for rehearing will not be considered.
(c) Copies and Size. An original and ten (10) clearly legible copies of petitions for rehearing shall be filed. A petition and brief for rehearing shall not exceed fifteen pages.
(d) Response. A response to a petition for rehearing need not be filed unless requested by an order of the court.
(e) Second Petition for Rehearing. No motion or application for rehearing or review will be accepted for filing after the denial of a petition for rehearing.
(f) Rehearing When Original Jurisdiction Assumed. A petition for rehearing may be filed in any cause where the court has assumed original jurisdiction by order or opinion and denied or granted relief.
(g) When No Rehearing May Be Filed. No petition for rehearing may be addressed to:
1. An order denying an application to assume original jurisdiction;
2. An order denying a petition for certiorari to review a certified interlocutory order;
3. An order denying a motion to dismiss with prejudice to its reargument;
4. Any other predecisional order made in an original proceeding, on certiorari, in an appeal or in a disciplinary proceeding against a member of the bar; or
5. An order denying a petition for certiorari to review an opinion of the Court of Civil Appeals.
(h) Rehearings Before the Court of Civil Appeals. Rehearings before the Court of Civil Appeals are governed by this Rule and Rule 1.177. A petition for rehearing in the Court of Civil Appeals may be filed with the Clerk within twenty (20) days from the date on which the opinion in the cause is filed. See Rules 1.177 and 1.13(a). The petition and brief shall not exceed fifteen pages. An original and ten copies of the petition shall be filed.
Applications for extension of time to file petitions for rehearing are not favored and are not routinely granted. If an application for an extension of time is filed, it must be filed within twenty days of the date the opinion is filed. No extension of time will be granted for more than twenty days from the original due date for the petition for rehearing. The application will be granted only if the Court determines that extraordinary cause is shown in the application. No second extension of time will be granted. Press of business, that the application is not for delay, or that the issues are complex, are insufficient to show extraordinary cause. An oral application for an extension of time to file the petition for rehearing will not be considered.
Adopted July 10, 1996
Effective January 1, 1997