Issuance of a new opinion that is not substantially different should not occasion a further motion for rehearing, but a motion's lack of merit does not affect appellate deadlines. Subdivision 49.5(c) is amended to clarify that a further motion for rehearing may be filed if the court issues a different opinion, irrespective of whether the opinion is issued in connection with the overruling of a prior motion for rehearing. Subdivisions 49.9 and 49.10 are added.Ĭomment to 2008 change: Rule 49 is revised to treat a motion for en banc reconsideration as having the effect of a motion for rehearing and to include procedures governing the filing of a motion for en banc reconsideration. Subdivision 49.4 is moved here from former Rule 43(h). Certificate of Conference Not RequiredĪ certificate of conference is not required for a motion for rehearing or en banc reconsideration.Ĭomment to 1997 change: This is former Rule 100. If a motion for rehearing or en banc reconsideration is timely filed after a petition for review is filed, the petitioner must immediately notify the Supreme Court clerk of the filing of the motion, and must notify the clerk when the last timely filed motion is overruled by the court of appeals.Ĥ9.12. The filing of a petition for review does not preclude another party from filing a motion for rehearing or en banc reconsideration or preclude the court of appeals from ruling on the motion. Relationship to Petition for ReviewĪ party may not file a motion for rehearing or en banc reconsideration in the court of appeals after that party has filed a petition for review in the Supreme Court unless the court of appeals modifies its opinion or judgment after the petition for review is filed.
In an accelerated appeal, the appellate court may deny the right to file a motion for rehearing or en banc reconsideration or shorten the time to file such a motion.Ī motion for rehearing or en banc reconsideration may be amended as a matter of right anytime before the 15-day period allowed for filing the motion expires, and with leave of the court, anytime before the court of appeals decides the motion.Ī court of appeals may extend the time for filing a motion for rehearing or en banc reconsideration if a party files a motion complying with Rule 10.5(b) no later than 15 days after the last date for filing the motion.Ī motion for rehearing or for en banc reconsideration is not a prerequisite to filing a petition for review in the Supreme Court or a petition for discretionary review in the Court ofĬriminal Appeals nor is it required to preserve error.Ĥ9.11. Further Motion for En Banc ReconsiderationĪfter a court decides a motion for en banc reconsideration, a further motion for en banc reconsideration may be filed within 15 days of the court's action if the court: The court may dispose of the case with or without rebriefing and oral argument.Ĥ9.5. If a majority orders reconsideration, the judgment or order does not become final, and the case will be resubmitted to the court for en banc review and disposition.
While the court has plenary power, a majority of the en banc court may, on its own initiative, order en banc reconsideration of a decision. Need be filed unless the court so requests. No response to a motion for en banc reconsideration The motion should address the standard for en bancĬonsideration in Rule 41.2(c). The motion must be filed within the time prescribed by Rule 49.1 for filing a (b) vacates its judgment and renders a new judgment orĪ party may file a motion for en banc reconsideration as a separate motion, with or without filing a motion for rehearing. If rehearing is granted, the court may dispose of the case with or without rebriefing and oral argument.Īfter a court decides a motion for rehearing, a further motion for rehearing may be filed within 15 days of the court's action if the court: The motion will not be granted unless a response has been filed or requested by the court.Ī motion for rehearing may be granted by a majority of the justices who participated in the decision of the case.
No response to a motion for rehearing need be filed unless the court so requests. The motion must clearly state the points relied on for the rehearing. Rule 49: Motion for Rehearing and En Banc ReconsiderationĪ motion for rehearing may be filed within 15 days after the court of appeals’ judgment or order is rendered.
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