Rule 5A:35 - [Effective until 11/25/2024] Procedure for Rehearing(a)Rehearing by a Panel. - When rehearing by a panel is granted on petition of a party, the clerk of this Court must notify all counsel. No brief in addition to the petition may be filed by petitioner. Respondent may file in the office of the clerk an answering brief, which may not exceed the longer of 25 pages or 5,300 words, within 21 days following the date of the order of this Court granting a rehearing. The respondent's answering brief must be transmitted, mailed, or delivered to opposing counsel on or before the date the answering brief is filed. Respondent may be heard orally whether or not an answering brief is filed. The case will be placed on the docket for oral argument. When practicable, such a rehearing will be heard by the same panel that rendered the final decision in the case.(b)Rehearing En Banc. - When all or part of a petition for rehearing en banc is granted the clerk of this Court must notify all counsel. The mandate is stayed as to all issues decided by the panel pending the decision of this Court en banc. The appeal is reinstated on the docket of this Court for oral argument only as to issues granted. Briefing and oral argument will proceed in the same order as before the three-judge panel.(1) Issues Considered Upon Rehearing En Banc. Only issues raised in the petition for rehearing en banc and granted for rehearing or included in the grant by this Court on its own motion are available for briefing, argument, and review by the en banc Court. This Court may grant a petition in whole or in part. Any issue decided by a panel of this Court not subject to a petition for rehearing en banc remains undisturbed by an en banc decision.(2) Appellant's Opening Brief Upon Rehearing En Banc. The party who was the appellant before the panel of this Court must file in the office of the clerk a brief, which may not exceed the longer of 50 pages or 12,300 words. Such brief must be filed within 21 days following the date of the order of this Court granting rehearing en banc, and must be accompanied by a certificate indicating that the brief was transmitted, mailed, or delivered to opposing counsel on or before the date of filing.(3) Appellee's Answering Brief Upon Rehearing En Banc. The party who was the appellee before the panel of this Court may file in the office of the clerk the answering brief not to exceed the longer of 50 pages or 12,300 words, within 14 days after the opening brief has been filed. The appellee's answering brief must be transmitted, mailed, or delivered to opposing counsel on or before the date the answering brief is filed. Appellee may be heard orally whether or not the answering brief is filed.(4) Appellant's Reply Brief Upon Rehearing En Banc. The party who was the appellant before the panel may file in the office of the clerk a reply brief, not to exceed the longer of 20 pages or 3,500 words, within 14 days after the answering brief has been filed. The appellant must transmit, mail, or deliver a copy of the reply brief to opposing counsel on or before the date the answering brief is filed. Amended by order dated April 30, 2010, effective 7/1/2010; amended by Order dated March 1, 2011; effective 5/2/2011; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 23, 2020, effective 3/1/2021; amended by order dated April 1, 2021, effective 6/1/2021; amended by order dated November 1, 2021, effective 1/1/2022.