Rule 54. Rehearings
Effective April 1, 2002
A. Decisions From Which Rehearing May be Sought.
A party may seek Rehearing from the following:
(1) a published opinion;
(2) a not-for-publication memorandum decision;
(3) an order dismissing an appeal; and
(4) an order declining to authorize the filing of a successive petition for post-conviction relief.
A party may not seek rehearing of an order denying transfer.
B. Time for Filing Petition.
A Petition for Rehearing shall be filed no later than thirty (30) days after the decision. Rule 25(C), which grants a three-day extension of time for service by mail or third-party commercial carrier, does not extend the due date, and no extension of time shall be granted.
C. Brief in Response.
No brief in response to a Petition for Rehearing is required unless requested by the Court, except that the Attorney General shall be required to file a brief in response to the Petition in a criminal case where the sentence is death. A brief in response to the Petition shall be filed no later than fifteen (15) days after the Petition is served or fifteen (15) days after the Court issues its order requesting a response. Rule 25(C), which provides a three-day extension for service by mail or third-party carrier, may extend the due date; however, no other extension of time shall be granted.
D. Reply Brief Prohibited.
Reply briefs on Rehearing are prohibited.
E. Content and Length.
The Rehearing Petition shall state concisely the reasons the party believes rehearing is necessary. The Petition for Rehearing and any brief in response are governed by Rule 44.
F. Form and Arrangement.
The form and arrangement of the Petition for Rehearing and any brief in response shall conform generally to Rule 43 and shall include a table of contents, table of authorities, statement of issues, argument, conclusion, word count certificate, if needed, and certificate of service.