6.7 Reconsideration

• Library: Appellate Practice - Virginia and Federal Courts (Virginia CLE) (2016 Ed.)

6.7 RECONSIDERATION

6.701 Reconsideration and en Banc Review in the Fourth Circuit. In the Fourth Circuit, a majority of the court must agree to hear a case en banc. ³⁴ Petitions for en banc review are rarely granted in state or federal practice.

6.702 Petition Stage, State Court. If a state appellate court initially turns down an appeal, counsel can seek reconsideration. In the Supreme Court of Virginia, a petition for rehearing will place the appeal before the entire court for consideration. ³⁵ In the Court of Appeals of Virginia, counsel can seek consideration by a panel of three judges. ³⁶ A petition for reconsideration of the appeal will increase the chances that a petition will be granted, because appeals are granted by the vote of a single judge or justice. The opposing side is not permitted to file a response to these petitions. ³⁷ When the court grants only a part of the petition and denies the remainder, counsel can ask for reconsideration of the denied portion of the petition. ³⁸ If an appeal contains intertwined issues and the court has granted a petition in part and denied it in part, it is particularly important to stress the interconnected nature of the issues to the court in the petition for rehearing, or in...