Petition for Rehearing After Refusal of Petition for Appeal, Refusal of

Rules of the Supreme Court of Virginia

Rule: 5:20

Jurisdiction: VA

Bluebook Citation: Va. Sup. Ct. R. 5:20

Assignments of Cross-Error, or Disposition of an Original Jurisdiction Petition. (a) Scope. — This Rule governs requests for rehearing of the refusal or dismissal of a petition for appeal filed pursuant to Rule 5:17, the refusal of one or more assignments of cross- error, or the disposition of an original jurisdiction petition filed pursuant to Rule 5:7, Rule 5:7A, or Rule 5:7B. (b) Time to File. — (1) Petition for Rehearing After Refusal or Dismissal of Petition for Appeal. When a petition for appeal is either refused or dismissed, in whole or in part, the clerk of this Court will send a copy of the order denying the appeal, in whole or in part, to counsel for the appellant and counsel for the appellee. Counsel for the appellant may, within 14 days after the date of such order, file in the office of the clerk of this Court a petition for rehearing. If the petition for appeal is granted but one or more assignments of cross-error are refused, counsel for the appellee may, within 14 days after the date of that order, file in the office of the clerk of this Court a petition for rehearing. (2) Petition for Rehearing after Disposition of Original Jurisdiction Petition. When a petition filed pursuant to this Court’s original jurisdiction (habeas corpus, mandamus, prohibition, or actual innocence) is decided, the clerk of this Court will mail a copy of the order to counsel for the petitioner and counsel for the respondent. Counsel for either party may, within 30 days after the date of this order, file in the office of the clerk of this Court a petition for rehearing. (c) Filing Requirements. — Except for petitions for rehearing filed by pro se prisoners or with leave of this Court, a petition for rehearing must be filed electronically, as provided for in

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