Rule 5A:15A - Denial of Petition for Appeal; Petition for Rehearing Filed by Electronic Means(a)Proceedings After Denial of Petition by Single Judge. (1) When a petition for appeal is denied by a Judge of this Court pursuant to Code § 17.1-407(C), the clerk of this Court must send a copy of the order denying the petition to counsel for the appellant and counsel for the appellee. The appellant may demand consideration of the petition by three-judge panel pursuant to Code § 17.1-407(D). Demands for three-judge review filed by pro se prisoners or by those with leave of this Court to proceed under Rule 5A:15(a) must be filed in accordance with the provisions of Rule 5A:15(a).(2) Except for demands for three-judge review filed by pro se prisoners or by those with leave of this Court to proceed under Rule 5A:15(a), the demand must be filed as a single Portable Document Format (PDF) document attached to an e-mail addressed to cavpfr@vacourts.gov and will be timely filed if received by the clerk's office at or before 11:59 p.m. on the fourteenth day after the date of the order by which the petition was denied.(3) The demand, which must include a statement identifying how the one-judge order is in error, must be formatted to print on a page 8 1/2 x 11 inches, must be in 12-point font or larger, must be double-spaced, and must not exceed 350 words. The demand must include a certificate of service to opposing counsel and the certificate must specify the manner of service and the date of service. If opposing counsel has an e-mail address, service on opposing counsel must be by electronic means and such address must be included in the certificate of service. The demand must also include a certificate of compliance with the word count limit. The demand will be considered filed on the date and time that it is received by cavpfr@vacourts.gov. If the demand does not meet the requirements of this rule as to format, the clerk of this Court must so notify counsel and provide a specific amount of time for a corrected copy of the demand to be filed. A person who files a document electronically has the same responsibility as a person filing a document in paper form for ensuring that the document is properly filed, complete, and readable. However, if technical problems at the Court of Appeals result in a failure to timely receive the electronically filed demand for three-judge review, counsel must provide to the clerk of this Court on the next business day all documentation which exists demonstrating the attempt to file the demand by e-mail, any delivery failure notice received in response to the attempt, and a copy of the demand for three-judge review.(4) The e-mail message to which the demand is attached must recite in the subject line the style of the case and the Court of Appeals record number. The body of the e-mail message must contain a paragraph stating that a demand for three-judge review is being filed, the style of the case, the Court of Appeals record number, the name and Virginia State Bar number of counsel filing the demand, as well as the law firm name, mailing address, telephone number, facsimile number (if any), and e-mail address (if any) of counsel filing the demand. The message must also state whether a copy of the demand has been served by e-mail or another means on opposing counsel and the date of such service. If the demand has been served on opposing counsel by e-mail, the e-mail address for opposing counsel must also be included. Upon receipt of the demand for three-judge review in the e-mail box of the clerk's office, an acknowledgment will be forwarded by e- mail to counsel seeking the rehearing.(5) Oral argument will not be permitted on consideration of a petition by a three- judge panel unless oral argument was requested in the petition for appeal pursuant to Rule 5A:12(c). An appellant who has previously requested oral argument may waive oral argument by so stating in the demand for review.(b)Proceedings After Denial of Petition by Three-Judge Panel. (1) When a petition for appeal is denied by a three-judge panel, the clerk of this Court must send a copy of the order or memorandum opinion denying the appeal to counsel for the appellant and counsel for the appellee. Counsel for the appellant may file a petition for rehearing in the office of the clerk of this Court unless the denial was by a three-judge panel after its consideration of a petition denied by a Judge of this Court pursuant to Code § 17.1-407. Petitions for rehearing filed by pro se prisoners or by those with leave of court to proceed under Rule 5A:15(b) will be in accordance with the provisions of Rule 5A:15(b).(2) Except for petitions for rehearing filed by pro se prisoners or by those with leave of this Court to proceed under Rule 5A:15(b), the petition must be filed as a single PDF document attached to an email addressed to cavpfr@vacourts.gov and will be timely filed if received by the clerk's office at or before 11:59 p.m. on the fourteenth day after the date of the order by which the petition was denied.(3) The petition must be formatted to print on a page 8 1/2 x 11 inches, must be in 12-point font or larger, must be double-spaced, and must not exceed 5,300 words. The petition must include a certificate of service to opposing counsel and the certificate must specify the manner of service and the date of service. If opposing counsel has an e-mail address, service on opposing counsel must be by electronic means and such address must be included in the certificate of service. The petition must also include a certificate of compliance with the word count limit. Petitions filed by e-mail will be considered filed on the date and time that it is received by cavpfr@vacourts.gov. If the petition does not meet the requirements of this rule as to format, the clerk of this Court must so notify counsel and provide a specific amount of time for a corrected copy of the petition to be filed. A person who files a document electronically has the same responsibility as a person filing a document in paper form for ensuring that the document is properly filed, complete, and readable. However, if technical problems at the Court of Appeals result in a failure to timely receive the electronically filed petition for rehearing, counsel must provide to the clerk of this Court on the next business day all documentation which exists demonstrating the attempt to file the petition by e-mail, any delivery failure notice received in response to the attempt, and a copy of the petition for rehearing.(4) The e-mail message to which the petition is attached must recite in the subject line the style of the case and the Court of Appeals record number. The body of the e-mail message must contain a paragraph stating that a petition for rehearing is being filed, the style of the case, the Court of Appeals record number, the name and Virginia State Bar number of counsel filing the petition, as well as the law firm name, mailing address, telephone number, facsimile number (if any), and e-mail address (if any) of counsel filing the petition. The message must also state whether a copy of the petition has been served by e-mail or another means on opposing counsel and the date of such service. If the petition has been served on opposing counsel by e-mail, the e-mail address for opposing counsel must also be included. Upon receipt of the petition for rehearing in the e-mail box of the clerk's office, an acknowledgment will be forwarded by e-mail to counsel seeking the rehearing.(5) Oral argument on the petition for rehearing will not be allowed. The petition for rehearing will be referred to the panel of this Court that considered the petition for appeal. No responsive brief may be filed unless requested by this Court. The clerk of this Court must notify counsel for the appellant and counsel for the appellee of the action taken by the Court of Appeals on the petition for rehearing via e-mail, if e-mail addresses for both counsel have been provided, or via U.S. Mail to any counsel or party who has not provided an e-mail address.Adopted by order October 1, 2004, effective 1/1/2005; amended by order dated October 21, 2005, effective 1/1/2006; amended by order dated April 30, 2010, effective 7/1/2010; amended by order dated January 31, 2017, effective 4/1/2017; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 23, 2020, effective 3/1/2021.