October 1, 2014 March 1, 2019
RULE 40. PETITION FOR REHEARING
(a) Time to File; Content; Answer; Action by Court if Granted.
(1) Time. A petition for rehearing may be filed within 14 days after entry of judgment unless the time is shortened or enlarged by order.
(2) Contents. The petition must state with particularity each point of law or fact that the petitioner believes the court has overlooked or misapprehended and must argue in support of the petition. Oral argument is not permitted.
(3) Answer. Unless the court requests, no answer to a petition for rehearing is permitted. Ordinarily, rehearing will not be granted in the absence of such a request.
(4) Action by the Court. If a petition for rehearing is granted the court may do any of the following:
(A) make a final disposition of the case without reargument;
(B) restore the case to the calendar for reargument or resubmission;
(C) issue any other appropriate order.
(b) Form of Petition; Length. A petition for rehearing must comply in form with Rule
32. A petition for rehearing must contain all applicable items listed in Rule 28(b).
Petitions for rehearing must comply with the following length requirements:
(1) Word Limit for Proportional Typeface. If proportionately spaced typeface is used, a
A petition for rehearing may not exceed 2,000 words10 pages, excluding words in the
table of contents, the table of citations, and any addendum. Footnotes or endnotes must
be included in the word page count.
(2) Page Limit for Monospaced Typeface. If monospaced typeface is used, a petition for
rehearing may not exceed eight pages, excluding the table of contents, the table of
citations, and any addendum.
(c) Service and Filing. Copies of a petition for rehearing must be served and filed as prescribed by Rule 25 and Rule 31(b).
Rule 40 was amended, effective March 1, 2003; March 1, 2004; March 1, 2008; March 1, 2013; October 1, 2014; March 1, 2019.
This rule is derived from Fed.R.App.P. 40.
Subdivision (b) was amended, effective March 1, 2003, to specify that a petition for rehearing must comply with the requirements of Rule 32.
Subdivision (b) was amended, effective March 1, 2004, to specify that a petition for rehearing must contain the elements specified in Rule 28 (b) that apply to the given petition. For example, a petition for rehearing that cites legal authorities must include a table of authorities as described in Rule 28 (b)(2).
Subdivision (b) was amended, effective March 1, 2008, to include length requirements for a petition for rehearing.
Subdivision (b) was amended, effective March 1, 2013, to decrease the page and type volume allowed in a petition for rehearing.
Subdivision (b) was amended, effective, March 1, 2019, to use only page counts for filings.
Subdivision (c) was added, effective March 1, 2003, to clarify petition service and filing requirements and amended effective October 1, 2014, to conform the rule to electronic filing.
Rule 40 was amended, effective March 1, 2003, in response to the December 1, 1998, amendments to Fed.R.App.P. 40. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
SOURCES: Joint Procedure Committee Minutes of September 26, 2013, page 28; January 26-27, 2012, pages 8-9; September 30, 2011, pages 11-12; April 28-29, 2011, page 18-20; January 25, 2007, page 19; April 24-25, 2003, page 14; April 25-26, 2002, page 25; May 25-26, 1978, pages 19-20; March 16-17, 1978, pages 8-9. Fed.R.App.P. 40.
SUPERSEDED: N.D.C.C. &S& 28-27-30.
CROSS REFERENCE: N.D.R.App.P. 28 (Briefs); N.D.R.App.P. 31 (Filing and Service of Briefs) ; N.D.R.App.P. 32 (Form of Briefs, Appendices, and Other Documents).