Rule 12.9 Petition for Rehearing

A. The panel which heard the direct appeal shall hear the petition for rehearing. An order by the panel granting or denying the petition for rehearing shall be entered within forty-five (45) days from the date the petition for rehearing is filed.

B. A petition for rehearing, if sought, shall be filed with the Clerk of the Court of Criminal Appeals within twenty (20) days from the date the panel's opinion was filed.

C. A petition for rehearing shall not be filed as a matter of course, but only for the following reasons:

(1) That some question dispositive of the case and duly submitted by the attorney of record has been overlooked by the panel, or

(2) That the decision is in conflict with an express statute or controlling decision to which the attention of the panel was not called either in the brief or in oral argument.

D. Such petition for rehearing shall briefly state the grounds upon which the attorney of record relies for a rehearing. The overlooked question, statute or decision must be specifically set forth in the petition. The panel has the discretion to call for a response or briefing.

E. One original and seven (7) clearly legible copies of petition for rehearing shall be filed. Proof of service of the petition for rehearing on the opposite party shall be endorsed on the original.

F. No response to a petition for rehearing shall be filed unless the panel directs otherwise. The panel shall not change the result of its decision on rehearing without calling for a response.

G. If any party timely seeks rehearing, the time to file a petition for review shall not begin to run for any party until the panel of the Emergency Appellate Division has ruled on the rehearing petition filed in the case.

H. No petition for review may be filed in the Court of Criminal Appeals during the pendency of any rehearing petition in the Emergency Appellate Division.

I. Filing a petition for review without first filing a petition for rehearing waives the right to file a petition for rehearing.