RULE 40. PETITION FOR REHEARING
for Filing 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
shall must state with particularity the points each point of law or fact which in the opinion of that the petitioner believes the court has overlooked or misapprehended and shall contain such argument must argue in support of the petition as the petitioner desires to present. Oral argument in support of the petition will not be is not permitted.
No answer to a petition for rehearing will be received unless requested by the court, but a petition for rehearing will ordinarily not be granted in the absence of such a request. Unless the court requests, no answer to a petition for rehearing is permitted. But 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
cause case without reargument or may.
it the case to the calendar for reargument or resubmission or may.
make such other orders as are deemed appropriate under the circumstances of the particular case issue any other appropriate order.
(b) Form of Petition; Length.
The petition shall be in a form prescribed by Rule 32, and copies shall be served and filed as prescribed by Rule 31(b) for the service and filing of briefs. Except by permission of the court, a petition for rehearing must not exceed 10 pages. A petition for rehearing must comply with Rule 32(a)(1), (2), (3), (4), (5), and (6), with the following exceptions:
(1) Word Limit for Proportional Typeface. If proportionately spaced typeface is used, a petition for rehearing may not exceed 2,500 words, excluding words in the table of contents, the table of citations, any addendum, and any certificate of counsel. Footnotes must be included in the word count.
(2) Page Limit for Monospaced Typeface. If monospaced typeface is used, a petition for rehearing may not exceed 10 pages, excluding the table of contents, the table of citations, any addendum, and any certificate of counsel.
(c) Service and Filing. Copies of a petition for rehearing must be served and filed as prescribed by Rule 31(b).
Rule 40 was amended, effective .
Based upon Rule 40, FRAppP, this rule contemplates filing only the number of copies provided for briefs. Oral argument on the petition is not allowed. The rule, obviously, does not encourage petitions for rehearing.
This rule is derived from Fed.R.App.P. 40.
Rule 40 was amended, effective __________________, 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.
Subdivision (b) was amended , effective __________________. The word and page limit requirements for a petition are set out in subdivision (b). The general form of a petition must comply with the referenced paragraphs of Rule 32(a).
SOURCES: Joint Procedure Committee Minutes of ; May 25-26, 1978, pages 19-20; March 16-17, 1978, pages 8-9. Fed.R.App.P. 40.
SUPERSEDED: N.D.C.C. § 28-27-30.
CROSS REFERENCE: N.D.R.App.P. 31 (Filing and Service of Briefs); N.D.R.App.P. 32 (Form of Petition for Rehearing).