Rule 40 PETITION FOR REHEARING.

• Jurisdiction: Colorado

Rule 40. Petition for Rehearing.

(a) Time to File; Contents; Answer; Oral Argument; Action by Court if Granted.

(1) Time. Unless the time is shortened or extended by order, a petition for rehearing may be filed within 14 days after entry of judgment.

(2) Contents. The petition must state with particularity each point of law or fact the petitioner believes the court has overlooked or misapprehended and must include an argument in support of the petition.

(3) Answer. Unless the court requests a response, no answer to a petition for rehearing is permitted.

(4) Oral Argument. Oral argument is not permitted on a petition for rehearing.

(5) Action by the Court. If a petition for rehearing is granted, the court may:

(A) make a final disposition of the case without reargument;

(B) restore the case to the calendar for reargument or resubmission; or

(C) issue any other order it deems appropriate.

(b) Form of Petition; Length. The petition must comply in form with C.A.R. 32. The petition must include the following in the caption:

(1) If filed in the supreme court: the name of the author justice; the name of any justice who wrote or participated in a separate opinion; the name of any justice who did not participate in the case; whether the decision was en banc; and, if a departmental decision, the names of the participating justices.

(2) If filed in the court of appeals: the names of the author judge and participating judges, and the name of any judge who wrote or participated in a separate opinion.

Except by permission of court, a petition for rehearing must not exceed 1,900 words, excluding material not counted under C.A.R. 28 (g)(1).

(c) Petition for Rehearing in Supreme Court Proceedings. A petition for rehearing filed in proceedings before the supreme court must comply with the requirements of subsections (a) and (b) of this rule.

(1) In Direct Appeals. A petition for rehearing may be filed in a direct appeal to the supreme court only after issuance of an opinion. No petition for rehearing may be filed after issuance of an order affirming a lower court order.

(2) In Proceedings Under C.A.R. 21. A petition for rehearing may be filed after issuance of an opinion discharging a rule to show cause or making a rule absolute. No petition for rehearing may be filed after denial of a petition without explanation.

(3) In Certiorari Proceedings. A petition for rehearing may be filed after issuance of an opinion on the merits of a granted petition for writ of certiorari, or...