Rule 40 - [Effective 8/15/2024] Petition for Rehearing(a) Grounds for Rehearing. A petition for rehearing of a decision by the en banc Supreme Court, by a panel of the Supreme Court, or by the Court of Appeals may be granted in the following circumstances: (1) When the court has overlooked or misapprehended a material fact in the record or a material question of law in the case;(2) When the court has overlooked, misapplied, or failed to consider a statute, procedural rule, regulation, or decision directly controlling a dispositive issue in the case; or(3) When a new rule of law, directly controlling on the disposition of the issues in the case, has issued after the court announced its order or opinion but within the time fixed for filing a petition for rehearing.(b) Content of Petition. The petition must state with particularity the points of law or fact that the petitioner believes the court has overlooked or misapprehended and must contain such argument in support of the petition as the petitioner desires to present. Any claim that the court has overlooked or misapprehended a material fact must be supported by a reference to the page of the transcript, appendix, or record where the matter is to be found; any claim that the court has overlooked or misapprehended a material question of law or has overlooked, misapplied, or failed to consider controlling authority must be supported by a reference to the page of the brief where petitioner has raised the issue. Except as necessary to establish the grounds for rehearing set forth in Rule 40(a), matters presented in the briefs and oral arguments may not be reargued, and no point may be raised for the first time. Oral argument in support of the petition will not be permitted.(c) Time for Filing. Unless the time is shortened or enlarged by order, any party may file a petition for rehearing within 14 days after the filing of the appellate court's decision under Rule 36. The 3-day mailing period set forth in Rule 26(c) does not apply to the time limits set by this Rule.(d) Filing Fee. Except as otherwise provided by statute, a $150 filing fee must be paid to the clerk at the time a petition for rehearing is submitted for filing.(e) Response to Petition. No response to a petition for rehearing may be filed unless requested by the court. The response to a petition for rehearing must be filed within 14 days after entry of the order requesting the response, unless otherwise directed by the court. A petition for rehearing will ordinarily not be granted in the absence of a request for a response.(f) Form of Petition and Response; Number of Copies; Certificate of Compliance. A petition for rehearing of a decision by the en banc Supreme Court, by a panel of the Supreme Court, or by the Court of Appeals, or a response to such a petition, must comply in form with Rule 32, and unless filed electronically, the original must be filed with the clerk. One copy must be served on counsel for each party separately represented. The petition or response must include a certificate that the submission complies with the formatting requirements of Rule 32(a)(4)-(6) and the page or type-volume limitation of this Rule, computed in compliance with Rule 32(a)(7)(C), and must be accompanied by a completed certificate of compliance substantially similar to the Certificate of Compliance for Rules 40, 40A, and 40B Form on the Nevada Supreme Court website.(g) Length of Petition and Response. Except by permission of the court, a petition for rehearing, or a response to the petition, may not exceed 10 pages or 4,667 words or, if it uses a monospaced typeface, 433 lines of text.(h) Decision by Court. A court's decision to grant or deny a petition for rehearing is final and not subject to further requests for rehearing. (i) Action by Court When Petition Granted. If a petition for rehearing is granted, the court may make a final disposition of the cause without argument or may restore it to the calendar for argument or resubmission or may make such other orders as are deemed appropriate under the circumstances of the particular case. A petition for rehearing of a decision of a Supreme Court panel must be reviewed by the panel that decided the matter. If the panel determines that rehearing is warranted, rehearing before that panel will be held. The full court must consider a petition for rehearing of an en banc decision.(j) Untimely Petition. Timeliness of a petition for rehearing is governed by NRAP 25(a)(2). The clerk must not receive or file an untimely petition, but must return the petition unfiled or, if the petition was filed electronically, must reject the petition.(k) Unrequested Response. Absent an order requesting a response, the clerk must not receive or file a response, but must return it unfiled or, if the response was filed electronically, must reject it.(l) Petition in Criminal Appeals; Exhaustion of State Remedies. A decision by the en banc Supreme Court, a Supreme Court panel, or the Court of Appeals resolving a claim of error in a criminal case, including a claim for postconviction relief, is final for purposes of exhaustion of state remedies in subsequent federal proceedings. Rehearing is available only under the limited circumstances set forth in Rule 40(a). Amended effective 10/1/2015; amended effective 3/1/2019; amended effective 8/15/2024.ADVISORY COMMITTEE NOTE
The amendments to Rule 40 are both stylistic and substantive. Subdivision (a) now lists three grounds for rehearing (as opposed to just two), and subdivision (a)(3) would permit rehearing in the event a new rule of law is issued after the court's disposition, but before the rehearing deadline. Subdivision (b) clarifies that "except as necessary to establish the grounds for rehearing" matters presented in the briefs and oral arguments may not be reargued, and no point may be raised for the first time. Subdivision (c) reduces the time for filing a petition for rehearing from 18 days to 14 days, in conformity with FRAP 40.