Va. R. Sup. Ct. 5:37

As amended through April 19, 2024
Rule 5:37 - Petition for Rehearing After Consideration by the Full Court
(a)Scope. - This Rule does not apply to the refusal or dismissal of a petition for appeal, or the refusal or dismissal of an original jurisdiction petition. See Rules 5:20 and 5:20A.
(b)Notice of Intent. - A party intending to apply for a rehearing must file written notice with the clerk of this Court, as provided for in Rule 5:1B, within 10 days after the date of the order or opinion of this Court deciding the case. If such notice is given, the clerk of this Court must withhold certification of the mandate until time for filing the petition for rehearing has expired and, if the petition is filed, until it is disposed of.
(c)Requirements for Pro Se Prisoners or By Leave of Court. - Unless the rehearing is abandoned, a petition for rehearing not to exceed the longer of 10 pages or 1,750 words in length must be filed in the office of the clerk of this Court within 30 days after the date of the order of this Court deciding the case with a copy delivered or mailed to opposing counsel.
(d)Requirements for All Others. - Except for petitions filed by pro se prisoners, or with leave of this Court, the petition for rehearing must be filed electronically in the office of the clerk of this Court, as provided for in Rule 5:1B, within 30 days after the date of the order or opinion of this Court deciding the case. The petition must be formatted to print on a page 8 1/2 x 11 inches, must be in 14-point type or larger, must be double-spaced, and must not exceed the longer of 10 pages or 1,750 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. The petition must also include a certificate of compliance with the word count limit.
(e)Grounds for Granting. - No petition for rehearing will be granted unless one of the Justices who decided the case adversely to the applicant determines that there is good cause for such rehearing. The proceedings upon such rehearing will be in accordance with Code § 8.01675.2. No oral argument will be permitted on applications for rehearing.
(f)When a Rehearing is Granted. - When a rehearing is granted, the Court will determine whether any additional briefing or argument is necessary. Thereafter, the Court may direct the respondent to electronically file a brief, in compliance with paragraph (d) of this Rule, that may not exceed the longer of 15 pages in length or 2,625 words. After review of the petition for rehearing and the respondent's brief, if any is filed, the Court may set oral argument on the petition for rehearing at the next available session of the Court. Otherwise, the Court will issue a ruling on the rehearing without further briefing or oral argument.

Va. Sup. Ct. 5:37

Amended by order dated April 30, 2010, effective 7/1/2010; last amended by Order dated April 13, 2012; effective 6/13/2012; 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; amended by order dated April 1, 2021, effective 6/1/2021.