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Rule 2-18 Rehearing

Rule 2: The Practice

2-18.1. Application for Rehearing

An application for rehearing shall state with particularity contentions of the applicant and shall contain a concise argument in support of the application. Except with

permission of the court, an application for rehearing shall not exceed 10 pages. An original and such number of copies as the local rule of each court requires shall be filed, unless the application for rehearing is filed electronically. Oral argument in support of the application will not be permitted.

2-18.2. Time to File

(1) In cases governed by the Code of Criminal Procedure, an application for rehearing shall be filed with the clerk on or before fourteen days after the rendition of the judgment.

(2) In cases governed by the Code of Civil Procedure, an application for rehearing shall be filed with the clerk on or before fourteen days after transmission of the notice of the judgment.

(3) No extension of time for filing an application for rehearing shall be granted.

2-18.3. Support Brief

The applicant shall file the brief in support of the application for rehearing at the time the application for rehearing is filed. Unless the brief is filed electronically, the applicant shall file an original and such number of copies of the brief as the local rule of each court requires.

2-18.4. Additional Time for Brief

An applicant for rehearing may request additional time to file a brief in support of the application by filing a written motion with the clerk at the time the application for rehearing is filed. The court may grant the request for additional time for good cause shown.

2-18.5. Granting of Rehearing

When a rehearing is granted, the case shall be submitted, with or without oral argument, as ordered by the court.

2-18.6. Repetitive Applications

When a case has been decided on rehearing, another application for a rehearing will not be considered unless the applicant has not theretofore been granted a rehearing, or unless the court has expressly granted the right to apply for another rehearing.

2-18.7. When Rehearing Shall Be Considered

An application for rehearing shall be considered only in cases where the court has:

(1) Granted a writ application on the merits;

(2) Dismissed an appeal; or

(3) Ruled on the merits of an appeal.