Va. R. Sup. Ct. 5:20

As amended through September 26, 2024
Rule 5:20 - Petition for Rehearing After Refusal of Petition for Appeal, Refusal of Assignments of Cross-Error, or Disposition of an Original Jurisdiction Petition
(a)Scope. - This Rule governs requests for rehearing of the refusal or dismissal of a petition for appeal filed pursuant to Rule 5:17, the refusal of one or more assignments of crosserror, or the disposition of an original jurisdiction petition filed pursuant to Rule 5:7, Rule 5:7A, or Rule 5:7B.
(b)Time to File. -
(1) Petition for Rehearing After Refusal or Dismissal of Petition for Appeal. When a petition for appeal is either refused or dismissed, in whole or in part, the clerk of this Court will send a copy of the order denying the appeal, in whole or in part, to counsel for the appellant and counsel for the appellee. Counsel for the appellant may, within 14 days after the date of such order, file in the office of the clerk of this Court a petition for rehearing. If the petition for appeal is granted but one or more assignments of cross-error are refused, counsel for the appellee may, within 14 days after the date of that order, file in the office of the clerk of this Court a petition for rehearing.
(2) Petition for Rehearing after Disposition of Original Jurisdiction Petition. When a petition filed pursuant to this Court's original jurisdiction (habeas corpus, mandamus, prohibition, or actual innocence) is decided, the clerk of this Court will mail a copy of the order to counsel for the petitioner and counsel for the respondent. Counsel for either party may, within 30 days after the date of this order, file in the office of the clerk of this Court a petition for rehearing.
(c)Filing Requirements. - Except for petitions for rehearing filed by pro se prisoners or with leave of this Court, a petition for rehearing must be filed electronically, as provided for in Rule 5:1B.
(1) Requirements for Electronic Filing. The petition for rehearing must be formatted in compliance with the requirements of Rule 5:6(a) and must not exceed the greater of 10 pages or a word count of 1,750 words. The petition must include a certificate of service to opposing counsel and the certificate must specify the manner of service and the date of service, which must be via email unless opposing counsel does not have, or does not provide, an email address. The petition must also include a certificate of compliance with the word count limit.
(2) Requirements When Paper Filing is Allowed. The petition for rehearing may not exceed the greater of 10 pages or 1,750 words in length and must be formatted in compliance with the requirements of Rule 5:6(a). The petition for rehearing must state that a copy has been mailed or delivered to counsel for the appellee.
(d)Oral Argument and Responsive Brief. - Oral argument on the petition for rehearing will not be allowed. No responsive brief may be filed unless requested by this Court.
(e)Incorporation of Facts or Arguments; Restating Assignments of Error. - Attempts to incorporate facts or arguments from the petition for appeal or original jurisdiction petition are prohibited. The petition for rehearing, however, need not restate any assignment of error.
(f)Notification of Action on the Petition. - The clerk of this Court will notify counsel for all parties of the action taken by this Court on the petition for rehearing via e-mail, if e-mail addresses have been provided, or via U.S. Mail to any counsel or party who has not provided an email address.
(g)Attorney Fees. - Upon denial of a petition for appeal and any petition for rehearing, any appellee who has received attorney fees and costs in the circuit court may make application in the circuit court for additional fees and costs incurred on appeal pursuant to Rule 1:1A.

Va. Sup. Ct. 5:20

Amended by order dated October 1, 2004, effective 1/1/2005; amended by order dated December 22, 2004, effective 4/1/2005; amended by order dated October 21, 2005, effective 1/1/2006; amended by order dated April 30, 2010, effective 7/1/2010; amended by order dated November 1, 2013, effective immediately; amended by order dated April 10, 2015, effective 7/1/2015; amended by order dated October 7, 2015, effective immediately; amended by order dated January 31, 2017, effective 4/1/2017; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 23, 2020, effective 3/1/2021; amended by order dated April 1, 2021, effective 6/1/2021; amended by order dated November 1, 2021, effective 1/1/2022.