Rule 35. Petition for rehearing.
(a) Petitionfor rehearing.
(1) Petition. A petition for rehearing seekingto alter a decision in a manner that affects the substantive rights of theparties or any mandate or rule of law established by the decision may be filedonly in cases in which the court? issuesan opinion, memorandum decision, per curiam decision, or orderresolving the appeal on the merits.
(2) Time for filing. A petition forrehearing may be filed with the clerk within 14 days after the court issues ?an opinion, memorandum decision,per curiam decision, or order resolving the appeal on the merits,unless the time is shortened or enlarged by order.
(3) Contents of petition. The petition mustsuccinctly state and explain the points of law or fact that the petitionerclaims the court has overlooked or misapprehended and must contain suchargument in support of the petition as the petitioner desires. The petitionermust certify that the petition is presented in good faith and not for delay.
(4) Response. No response to a petition forrehearing will be received unless requested by the court. Any response must befiled within 14 days after the entry of the order requesting the response,unless otherwise ordered by the court. A petition for rehearing will not begranted in whole or in part in the absence of a request for a response.
(5) Form of petition. The petition must bein the form prescribed by Rule 27(a), (b), and (d) with respect to contents ofthe cover and must include a copy of the decision to which it is directed.
(6) Length. Except by court order, apetition for rehearing and any response requested by the court may not exceed15 pages.
(7) Action by court. The court may disposeof a petition for rehearing without reargument, or may restore the case tothe calendar for reargument or resubmission, or may make such otherorders as are deemed appropriate under the circumstances of the particularcase.
(8) Untimely or consecutive petitions.Petitions for rehearing that are not timely presented under this rule andconsecutive petitions will be rejected by the clerk.
(9) Amicus curiae. Anamicus curiae may not file a petition for rehearing but may file a responseto a petition if the court has requested a response under paragraph (a)(4).
(b) Nonsubstantiveor clerical error.
(1) Ifa decision contains a nonsubstantive or clerical error, a party may promptlyadvise the appellate clerk by letter, with a copy to all other parties,identifying the error, suggesting how the error may be corrected, and statingthe position of other parties regarding the requested correction. Any responsemust be made promptly and concisely.
(2)If the court concludes the letter requests a substantive revision, it mayconstrue the letter as a petition for rehearing if timely filed under paragraph(a)(2) and call for a response.
(3) Thecourt may make nonsubstantive corrections without prior notice to the parties.
EffectiveNovember 1, 2020