Rule 40 Motion for Reargument

(a) Time. A party may move for reargument within 14 days after entry of judgment unless this time period is modified by Court order. A request to extend time for filing a motion for reargument must be filed within this 14-day period absent extraordinary circumstances.

(b) Contents.

(1) The motion must state with particularity the points of law or fact—presented in the briefs upon the original argument—that the moving party believes the Court has overlooked or misapprehended and that would probably affect the result.

(2) The motion, or a supporting brief, must contain the moving party’s argument in support of the motion. The supporting brief must not exceed 3000 words, and must include a certificate of compliance with this limit by the attorney, or self-represented party. The person preparing the certificate may rely on the word or line count of the word-processing system used to prepare the brief. The certificate must state the number of words in the brief and identify the word-processing system used.

(c) Response. Unless the Court requests, no answer to a motion for reargument is permitted. But ordinarily reargument will not be granted in the absence of such a request.

(d) Action by the Court.

(1) Unless otherwise ordered, the Court will dispose of the motion without hearing or opinion.

(2) If the Court grants the motion, it may then:

(A) make a final disposition of the cause without reargument;

(B) restore the case to the calendar for reargument or resubmission; or

(C) make any other appropriate order.