Rule 40 Petition for Rehearing

(a) Time for Filing; Content; Answer; Action by Court if Granted. A petition for rehearing must be filed within 14 days after entry of judgment unless the time is shortened or enlarged by order. The petition shall state with particularity the points of law or fact which in the opinion of the petitioner 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. No answer to a petition for rehearing will be received unless requested by the appellate division or judge thereof, but a motion for rehearing will ordinarily not be granted in the absence of such a request. If a petition for rehearing is granted the appellate division 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.

(b) Service of Petition; Length. The petition shall be filed and served as prescribed by 31(b) ACR for the service and filing of briefs. Except by permission of the appellate division or judge thereof, a petition for rehearing shall not exceed 15 pages.