8-2. What are the procedures to file or oppose a petition for rehearing?

A. Filing a Petition for Rehearing.

1. You must serve and file a petition for rehearing within 15 days after the filing of the opinion, or within 15 days after the filing of an order by the court to publish an unpublished opinion. (Rule 8.268(b)(1).) The court also may grant rehearing on its own motion. (Rule 8.268(a).)
2. The petition for rehearing should not merely repeat arguments from the briefs, and is not a prerequisite for review in the Supreme Court. It should be directed at major misstatements of fact in the opinion, significant errors in the court's legal analysis, or important facts that were omitted. (Rule 8.268(b).)
3. The rules for overnight delivery apply to petitions for rehearing, so they may be deemed constructively filed on the date of mailing by priority or express mail as shown on the postmark or the postal receipt, or on the date of delivery to a common carrier promising overnight delivery as shown on the date of the carrier's receipt. (Rule 8.25(b)(3).)

B. Opposing a Petition for Rehearing. Because of the short period for finality, the court has adopted Miscellaneous Order No. 2007-03 inviting (but not requiring you) to file an opposition to a petition for rehearing. This permits you to file an opposition to the petition for rehearing, should you wish, without need for advance court approval. The court will send you a copy of this Miscellaneous Order whenever a petition for rehearing is filed. You will have 8 days in which to file your opposition, unless the court otherwise orders. (Rule 8.268(b)(2).) The rules for overnight delivery apply to answers for petitions for rehearing. (Rule 8.25(b)(3).)

C. The court loses its jurisdiction to rule on a petition for rehearing within 30 days from the date of filing. If the court does not rule on the petition before the decision is final, the petition is deemed denied. (Rule 8.268(c).) Because of this, the time to file a petition for rehearing may not be extended, and the court has very limited powers to accept late petitions or oppositions. (Rules 8.268(a), 8.268(c).)

D. An order granting rehearing vacates the decision and any opinion filed in the case and sets the matter at large in the Court of Appeal. (Rule 8.268(d).)