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TITLE 38 App. > RULES > Rule 35

Rule 35. Motions for Reconsideration, or for Decision by a Panel or by the Full Court

(a) Motion for Reconsideration.
(1) Permitted. A party in a case dismissed by the Clerk pursuant to Rule 45 (i) may move for reconsideration by the Clerk. If the Clerk denies such reconsideration, the matter will be referred for decision by a judge. A party in a case decided by a single judge may move for reconsideration by the single judge. A party in a case decided by a panel may move for reconsideration by the panel. A party in a case decided by the full Court may move for reconsideration by the full Court.
(2) Prohibited. A party may not move for reconsideration [1]
(A) of a matter if that party has previously filed a motion for reconsideration of that matter and the Court has denied that motion, or
(B) of the denial of a motion under subsection (b) or (c) for a panel decision or a full-Court decision, as the case may be.
(b) Motion for Panel Decision. A party in a case decided by a single judge may move for a decision by a panel of the Court.
(c) Motion for Full Court Decision. Subject to the requirements of subsections (d), (e), and (f), a party may move for a decision by the full Court—
(1) in the first instance, or
(2) after a panel has decided a case, or
(3) after a panel has denied a motion for a panel decision or for reconsideration.
A motion for a decision by the full Court in a case decided only by a single judge is not permitted. Motions for a full-Court decision are not favored. Ordinarily they will not be granted unless such action is necessary to secure or maintain uniformity of the Court’s decisions or to resolve a question of exceptional importance.
(d) Time for Motion.
(1) Clerk or single-judge action. A motion for Clerk reconsideration, a motion for single-judge reconsideration, a motion for a panel decision, or a motion for both single-judge reconsideration and a panel decision, must be filed not later than 21 days (51 days if the motion is filed by an appellant, petitioner, or representative located outside the United States, Puerto Rico, or the Virgin Islands) after the date of the Clerk’s or single-judge’s dispositive action. The filing of a motion for single-judge reconsideration does not toll the running of the time period set forth in the preceding sentence; thus, any motion for a panel decision that is not filed within that same time period will be untimely.
(2) Panel action. A motion for panel reconsideration, a motion for a full-Court decision, or a motion for both panel reconsideration and a full-Court decision, must be filed not later than 21 days (51 days if the motion is filed by an appellant, petitioner, or representative located outside the United States, Puerto Rico, or the Virgin Islands) after the date of the initial panel decision or order denying a motion for a panel decision. The filing of a motion for panel reconsideration does not toll the running of the time period set forth in the preceding sentence; thus, any motion for a full-Court decision that is not filed within that same time period will be untimely.
(3) Full-Court consideration in the first instance. A motion for consideration of a case by the full Court in the first instance must be filed not later than 30 days after the date on which
(A) the appellant’s brief was served in an appeal or
(B) the petitioner’s petition was filed in a petition for extraordinary relief.
(4) Full-Court reconsideration. A motion for reconsideration of a case decided by the full Court must be filed not later than 21 days (51 days if the motion is filed by an appellant, petitioner, or representative located outside the United States, Puerto Rico, or the Virgin Islands) after the date of the initial full-Court decision.
(e) Content of Motion. A motion under this rule must contain a supporting argument. In addition—
(1) a motion for a panel decision or a motion for single-judge, panel, or full-Court reconsideration must state the points of law or fact that the party believes the Court has overlooked or misunderstood, and
(2) a motion for a full-Court decision must state—
(A) how such action will secure or maintain uniformity of the Court’s decisions or
(B) what question of exceptional importance is involved.
(f) Form; Length; Copies. Except by the Court’s permission, a motion or response (including any supporting memorandum or brief) under this rule may not exceed 15 pages. The motion must otherwise comply with Rule 27, but it need not indicate whether it is opposed. A motion for a full-Court decision, and any response, must be filed in an original and 7 copies.
(g) Response; Action on the Motion. No response to a motion under this rule may be filed unless it is requested by the Court, but a motion for a panel or full-Court decision or a motion for reconsideration under section (a)(1) ordinarily will not be granted without such a request. A motion for reconsideration will be decided by the judge or panel that rendered the decision. A motion for a panel decision will be referred to a panel. A motion for a full-Court decision or for reconsideration of a full-Court decision will be referred to all of the judges in regular active service. Consideration by the full Court requires the vote of at least one half of the judges in regular active service who are not disqualified.


[1] So in original. Probably should be followed by a dash.

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