RULE 12.4
MOTIONS FOR RECONSIDERATION OF DECISION TERMINATING REVIEW
(a) Generally. A party may file a motion for reconsideration only of a
decision by the judges (1) terminating review, or (2) granting or denying a
personal restraint petition on the merits. The motion should be in the form and
be served and filed as provided in rules 17.3(a), 17.4(a) and (g), and 18.5,
except as otherwise provided in this rule. A party may not file a motion for
reconsideration of an order refusing to modify a ruling by the commissioner or
clerk, nor may a party file a motion for reconsideration of a Supreme Court
order denying a petition for review.
(b) Time. The party must file the motion for reconsideration within 20
days after the decision the party wants reconsidered is filed in the appellate court.
(c) Content. The motion should state with particularity the points of law
or fact which the moving party contends the court has overlooked or
misapprehended, together with a brief argument on the points raised.
(d) Answer and Reply. A party should not file an answer to a motion for
reconsideration or a reply to an answer unless requested by the appellate court.
(e) Length. The motion, answer, or reply should not exceed 25 pages in length.
(f) No Oral Argument. A motion for reconsideration will be decided without
oral argument.
(g) Grant of Motion. If a motion for reconsideration is granted, the
appellate court may (1) modify the decision without new argument, (2) call for
new argument, or (3) take such other action as may be appropriate.
(h) Only One Motion Permitted. Each party may file only one motion for
reconsideration, unless the appellate court withdraws its opinion and files a
subsequent opinion. Any party adversely affected by the subsequent opinion may
file a motion for reconsideration.
(i) Amicus Curiae Memoranda. When a motion for reconsideration has been
filed, the appellate court may grant permission to file an amicus curiae
memorandum for the purpose of addressing the court regarding the soundness of
legal principles announced in the course of the opinion. Absent a showing of
particular justification, an amicus curiae memorandum should be received by the
court and counsel of record for the parties and any other amicus curiae not
later than 5 days after the motion for reconsideration has been filed. Rules
10.4 and 10.6 should govern generally disposition of a motion to file an amicus
curiae memorandum, except that no answer to an amicus curiae memorandum should
be filed unless requested by the court. An amicus curiae memorandum or answer
should not exceed 10 pages.
[Amended September 1, 1999; December 5, 2002; September 1, 2010]
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