Rehearing

(a) Grounds for Petition. The court may order a rehearing of a matter previously decided if, in reaching its decision: (1) The court has overlooked, misapplied or failed to consider a statute, decision or principle directly controlling; or (2) The court has overlooked or misconceived some material fact or proposition of law; or (3) The court has overlooked or misconceived a material question in the case. A rehearing will not be granted if it is sought merely for the purpose of obtaining a reargument on and reconsideration of matters which have already been fully considered by the court. (b) Time for Filing—Form of Petition. An original petition for rehearing must be filed within 10 days after the date of notice of the opinion or other decision. An additional five copies of a petition for rehearing before the supreme court or three copies of a petition for rehearing before the court of appeals shall be filed, unless a different number is specified by the clerk. Date of notice is defined in Civil Rule 58.1(c) and Criminal Rule 32.3(c). The petitioner shall specifically state which of the grounds for rehearing specified in paragraph (a) exists, and shall specifically designate that portion of the opinion, the brief, or the record, or that particular authority, which the petitioner wishes the court to consider. The petition shall be prepared in conformity with Rule 513.5(b) and when filed shall be accompanied by proof of service on all parties. No petition for rehearing shall exceed five typewritten pages. No memoranda or briefs in support of a petition for rehearing, and no response to a petition for rehearing, shall be received unless requested by the court. (SCO 439 effective November 15, 1980; amended by SCO 554 effective April 4, 1983; by SCO 584 effective February 1, 1984; by SCO 688 effective May 1, 1986; by SCO 718 effective September 15, 1986; by SCO 827 effective August 1, 1987; and by SCO 1885 effective October 15, 2016)