§ CR 76.32 Petitions for rehearing

CR 76.32 Petitions for rehearing

(1) When authorized.

(a) A party adversely affected by an opinion of the Supreme Court or Court of Appeals in an appealed case may petition the Court for (i) a rehearing or (ii) a modification or extension of the opinion, or both, and the opposing party may file a response. When final disposition of an appeal is made by an order, or an “opinion and order,” the party adversely affected may move for a reconsideration as provided by Rule 76.38(2), but a petition for rehearing is not authorized.

(b) Except in extraordinary cases when justice demands it, a petition for rehearing shall be limited to a consideration of the issues argued on the appeal and will be granted only when it appears that the court has overlooked a material fact in the record, or a controlling statute or decision, or has misconceived the issues presented on the appeal or the law applicable thereto.

(c) When it is desired to point out and have corrected any inaccuracies in statements of law or fact contained in an opinion of the court, or to extend the opinion to cover matters in issue not discussed therein, and the result reached in the opinion is not questioned, a party may request a modification or extension.

(d) In the event a petition for rehearing is granted, a party adversely affected by the new opinion may petition for a rehearing, modification or extension under the same rules governing the original petition for rehearing, modification or extension, but unless the court directs otherwise there shall be no response to the second or any further petition for rehearing.

(e) A party who has moved for a discretionary review by the Supreme Court under Rule 76.20 shall not be authorized to file a petition for rehearing of the same case in the Court of Appeals unless the order or opinion sought to be reviewed is revised or set aside pursuant to a petition for rehearing filed by another party, in which event the pending motion for discretionary review shall be dismissed without prejudice to a subsequent motion for discretionary review of the order or opinion finally disposing of the case in the Court of Appeals. The filing of a subsequent motion for discretionary review following a dismissal without prejudice under this paragraph (e) shall not require payment of another filing fee under Rule 76.42(2)(a)(iv).

(2) Time for filing.

A petition for rehearing, modification or extension shall be filed within 20 days after the date on which the opinion was issued, and any response thereto shall be filed within 20 days after the date on which the petition was filed. The failure of a party to timely file the petition shall result in the appeal becoming final.

(3) Form.

(a) All petitions and responses shall be in the form prescribed by Rule 76.12(4), but with covers colored as follows: Petition-- Green; Response--Gray.

(b) Every petition shall bear the style of the court's opinion, shall indicate in the caption whether it is presented by the appellant or appellee, and shall include a copy of the opinion of which complaint is made.

(4) Number of copies.

Petitions and responses in the Court of Appeals shall be filed in quintuplicate. In the Supreme Court ten copies shall be filed.

(5) Service and certification.

Every petition and response shall be served as required by Rule 76.12(5) for briefs and shall bear on the front cover a signed statement, in accordance with Rule 5.03, by the attorney or party that service has been made as required by this rule, which statement shall identify by name the persons so served. The name or names of the attorneys submitting a petition for rehearing, extension or modification or response thereto, and responsible for its contents, shall appear at its conclusion.

(6) Disposition.

(a) In the Supreme Court.

A petition for rehearing will be assigned to a justice other than the one who prepared the opinion.

(b) In the Court of Appeals.

A petition for rehearing will be assigned to a member of the panel that decided the case, other than the member who prepared the opinion.

(7) Costs.

Payment of the filing fee specified in Rule 76.42(2)(a) shall be required with a petition for rehearing or modification or extension of an opinion.