Rule 8.536. Rehearing

(a) Power to order rehearing The Supreme Court may order rehearing as provided in rule 8.268(a).

(b) Petition and answer A petition for rehearing and any answer must comply with rule 8.268(b)(1) and (3). Any answer to the petition must be served and filed within eight days after the petition is filed. Before the Supreme Court decision is final and for good cause, the Chief Justice may relieve a party from a failure to file a timely petition or answer.

(c) Extension of time The time for granting or denying a petition for rehearing in the Supreme Court may be extended under rule 8.532(b)(1)(B). If the court does not rule on the petition before the decision is final, the petition is deemed denied.

(d) Determination of petition An order granting a rehearing must be signed by at least four justices; an order denying rehearing may be signed by the Chief Justice alone.

(e) Effect of granting rehearing An order granting a rehearing vacates the decision and any opinion filed in the case and sets the cause at large in the Supreme Court.

Committee Notes

(Subd (a) amended effective January 1, 2007.)

(Subd (b) amended effective January 1, 2007; previously amended effective January 1, 2004.)

(Subd (c) amended effective January 1, 2007.)