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. 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 the requirements of Rule 32.
(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 March 1, 2003.
Based upon Fed.R.App.P. 40, 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.
Subdivision (b) was amended, effective March 1, 2003, to specify that a petition for rehearing must comply with the general requirements of Rule 32. Rule 32(c)(2) imposes specific requirements applicable to petitions for rehearing.
Subdivision (c) was added, effective March 1, 2003, to clarify petition service and filing requirements.
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 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. § 28-27-30.
CROSS REFERENCE: N.D.R.App.P. 31 (Filing and Service of Briefs); N.D.R.App.P. 32 (Form of Briefs, Appendices, and Other Papers)
(Form of Petition for Rehearing).