§ Rule 1.177 Petition for rehearing, response, second petition for rehearing, and change in opinion
Rule 1.177. Petition for rehearing, response, second petition for rehearing, and change in opinion
(a) Petition, Brief, and Time to File. A party who is aggrieved by a decision of the Court of Civil Appeals may file one petition for rehearing combined with brief in its support. On good cause being shown, a party may be allowed to supplement the brief on rehearing, but not more than one petition for rehearing may be presented by any party. The time for filing a petition for rehearing shall be the same as that prescribed by filing a petition for a rehearing in the Supreme Court. See Rule 1.13. The mailbox rule, extended to various papers by the terms of Rule 1.4 (c) and 1.4(e), applies equally to rehearing petitions to the Court of Civil Appeals. The time shall run from the date the opinion is filed. An application for an extension of time to file a petition for rehearing and brief in support thereof is governed by Rule 1.13.
(b) Second Petition for Rehearing. Where the opinion remains unchanged, no motion or application for rehearing or review will be allowed after the denial of a petition for rehearing. The Clerk shall not file any such motion or application after the denial of a petition for rehearing.
(c) Copies and Proof of Service. One original and nine clearly legible copies of petition for rehearing shall be filed. Proof of service of the petition for rehearing on the opposite party shall be endorsed on the original.
(d) Response. No response is necessary to a petition for a rehearing unless the court direct otherwise. The Court of Civil Appeals should not change the result of its decision on rehearing without calling for response.
(e) Change in Opinion--Petition for Rehearing. When a petition for rehearing is granted and the division promulgates an opinion reaching a different conclusion or the same conclusion upon a substantially different reasoning, or modifies its prior opinion in a manner which affects substantially the rights of a party, the party aggrieved by such decision or opinion shall be allowed to file a petition for rehearing.
Adopted July 10, 1996
Effective January 1, 1997