Rule XVI - Reargument by Panel(1)Distinguished from rehearing en banc. A motion for rehearing before the Court en banc is to be distinguished from a motion for reargument by a panel. The former is a request for de novo consideration, whereas the latter seeks reconsideration by the same panel which has already made a ruling. (2)Request for answer. If any member of the panel timely notifies the other members of the panel that an answer is desired, the named author of the original decision instructs the Clerk to direct that an answer be filed and the time period for its filing. The Clerk forwards the answer to the panel members.(3)Internal process of motion.(a) Consideration. If a motion for reargument before the panel is filed simultaneously with a motion for a rehearing en banc, the motion for reargument is processed first. (b) Circulation. The motion is circulated to the entire panel by the Clerk's office.(c) Lead Justice. The lead Justice (the named author of the opinion or order) circulates a memorandum setting forth the author's position to the other two panel members only. The other panel members respond to the suggested disposition in writing.(4)Disposition. Two members of a panel must vote in favor of reargument for it to be granted.Del. Sup. Ct. Int. Opp. P. XVI
Adopted effective 6/18/2015