Rules of Appellate Procedure

Rules of Appellate Procedure Appellate Procedure Rule 27: Petition for rehearing

Effective Date: 07/01/1991
Updates: Amended June 7, 1985, effective July 1, 1985 Amended January 28, 1986, effective February 1, 1986
Amended effective July 1, 1991

Contact

Trial Court Law Libraries

Table of Contents

(a) Time for filing; Content; Answer; Action by court if granted

A petition for rehearing should be filed with the clerk of the appellate court within fourteen days after the date of the rescript unless the time is shortened or enlarged by order. It shall state with particularity the points of law or fact which it is contended the court has overlooked or misapprehended and shall contain such argument in support of the petition as the petitioner desires to present. Oral argument in support of the petition will not be permitted, except by order of the quorum or panel which decided the appeal. No answer to a petition for rehearing will be received unless requested by the quorum or panel, but a petition for rehearing will ordinarily not be granted in the absence of such a request. A petition for rehearing shall be decided by the quorum or panel which decided the appeal. If a petition for rehearing is granted, the quorum or panel may make a final disposition of the cause without reargument or may restore it to the calendar for reargument or resubmission or may make such other orders as are deemed appropriate under the circumstances of the particular case. Action upon a petition is in the discretion of such quorum or panel, which may award costs, including a reasonable attorney's fee, to the prevailing party.

(b) Form of petition; Length

The petition shall be in a form of a letter to the senior justice of the quorum or panel which decided the appeal with seven clear and legible copies, and additional copies shall be mailed by first class mail or delivered to all other counsel. Except by permission of the quorum or panel, a petition for rehearing shall not exceed ten pages of standard typewritten material.

(c) Revision of decision

Upon consideration of a petition for rehearing, a quorum or panel may in writing order their decision to be reviewed and revised by a majority of the justices of the court. The petitioner shall notify the Supreme Judicial Court of any action taken on the petition if an application for further appellate review also has been filed.

Reporter's notes

(1986) This amendment provides for review of petitions for rehearing by the quorum or panel which decided the appeal. The purpose of the amendment is to conform Rule 27 to the actual practice in the appellate courts.

(1985) The change from ten days to fourteen days after the date of the rescript for a petition for rehearing conforms the time period to that found in Fed.R.A.P. 40(a). Such conformity of time periods may aid practitioners.

Downloads

Contact

Updates: Amended June 7, 1985, effective July 1, 1985 Amended January 28, 1986, effective February 1, 1986
Amended effective July 1, 1991

Feedback

Did you find what you were looking for on this webpage? * required
We use your feedback to help us improve this site but we are not able to respond directly. Please do not include personal or contact information. If you need a response, please locate the contact information elsewhere on this page or in the footer.
We use your feedback to help us improve this site but we are not able to respond directly. Please do not include personal or contact information. If you need a response, please locate the contact information elsewhere on this page or in the footer.

If you need to report child abuse, any other kind of abuse, or need urgent assistance, please click here.

Feedback