Utah Courts
URAP Rule 35 (Rules of Appellate Procedure)
URAP Rule 35 (Rules of Appellate Procedure)
Rule 35. Petition for rehearing.
(a) Petition for rehearing.
(1) Petition. A petition for rehearing seeking to alter a decision in a manner that affects the substantive rights of the parties or any mandate or rule of law established by the decision may be filed only in cases in which the court issues an opinion, memorandum decision, per curiam decision, or order resolving the appeal on the merits.
(2) Time for filing. A petition for rehearing may be filed with the clerk within 14 days after the court issues an opinion, memorandum decision, per curiam decision, or order resolving the appeal on the merits, unless the time is shortened or enlarged by order.
(3) Contents of petition. The petition must succinctly state and explain the points of law or fact that the petitioner claims the court has overlooked or misapprehended and must contain such argument in support of the petition as the petitioner desires. The petitioner must certify that the petition is presented in good faith and not for delay.
(4) Response. No response to a petition for rehearing will be received unless requested by the court. Any response must be filed within 14 days after the entry of the order requesting the response, unless otherwise ordered by the court. A petition for rehearing will not be granted in whole or in part in the absence of a request for a response.
(5) Form of petition. The petition must be in the form prescribed by Rule 27(a), (b), and (d) with respect to contents of the cover and must include a copy of the decision to which it is directed.
(6) Length. Except by court order, a petition for rehearing and any response requested by the court may not exceed 15 pages.
(7) Action by court. The court may dispose of a petition for rehearing without reargument, or may restore the case to the calendar for reargument or resubmission, or may make such other orders as are deemed appropriate under the circumstances of the particular case.
(8) Untimely or consecutive petitions. Petitions for rehearing that are not timely presented under this rule and consecutive petitions will be rejected by the clerk.
(9) Amicus curiae. An amicus curiae may not file a petition for rehearing but may file a response to a petition if the court has requested a response under paragraph (a)(4).
(b) Nonsubstantive or clerical error.
(1) If a decision contains a nonsubstantive or clerical error, a party may promptly advise the appellate clerk by letter, with a copy to all other parties, identifying the error, suggesting how the error may be corrected, and stating the position of other parties regarding the requested correction. Any response must be made promptly and concisely.
(2) If the court concludes the letter requests a substantive revision, it may construe the letter as a petition for rehearing if timely filed under paragraph (a)(2) and call for a response.
(3) The court may make nonsubstantive corrections without prior notice to the parties.