Rule 49.

1997 Rules of Appellate Procedure

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Rule 51

RULE 49. MOTION AND FURTHER MOTION FOR REHEARING

49.1 Motion for Rehearing. A motion for rehearing may be filed within 15 days after the court of appeals’ judgment or order is rendered The motion must clearly state the points relied on for the rehearing.

49.2 Response. No response to a motion for rehearing need be filed unless the court so requests. A motion will not be granted unless a response has been filed or requested by the court.

49.3 Decision on Motion. A motion for rehearing may be granted by a majority of the justices who participated in the decision of the case. Otherwise, it must be denied. If rehearing is granted, the court or panel may dispose of the case with or without rebriefing and oral argument.

49.4 Accelerated Appeals. In an accelerated appeal, the appellate court may deny the right to file a motion for rehearing or shorten the time to file such a motion.

49.5 Further Motion for Rehearing. After a motion for rehearing is decided, a further motion for rehearing may be filed within 15 days of the court's action if the court:

(a) modifies its judgment;

(b) vacates its judgment and renders a new judgment; or

(c) issues an opinion in overruling a motion for rehearing.

49.6 Amendments. A motion for rehearing 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.

49.7 En Banc Reconsideration. While the court of appeals has plenary jurisdiction, a majority of the en banc court may, with or without a motion, order en banc reconsideration of a panel's decision. If a majority orders reconsideration, the panel's judgment or order does not become final, and the case will be resubmitted to the court for en banc review and disposition.

49.8 Extensions of Time. A court of appeals may extend the time for filing a motion or a further motion for rehearing 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 for rehearing.

49.9 Not Required for Review. A motion for rehearing is not a prerequisite to filing a petition for review in the Supreme Court or a petition for discretionary review in the Court of Criminal Appeals nor is it required to preserve error.

49.10 Length of Motion and Response. A motion or response must be no longer than 15 pages

Notes and Comments
Comment to 1997 change: This is former Rule 100. Subdivision 49.4 is moved here from former Rule 43(h). Subdivisions 49.9 and 49.10 are added

Last modified: March 25, 2010