Rule RAP 43 - Petition for Rehearing or Other Relief as to Opinion or Opinion and Order or Motion for Reconsideration of Order(A)Scope of Rule. Any decision of the Supreme Court or Court of Appeals styled an "Opinion" or "Opinion and Order" is governed by Section (B) of this rule. Any decision or ruling styled as an "Order' is an order governed by section (D) of this rule.(B)Petition Regarding Opinion or Opinion and Order(1)When Petition for Rehearing Authorized. A party affected by an Opinion or Opinion and Order of the Supreme Court or Court of Appeals in an appealed case may petition the Court for the following relief: (a)Rehearing. Except in extraordinary cases when justice demands it, a petition for rehearing shall be limited to a consideration of the issues argued on the appeal and will be granted only when it appears that the court has overlooked a material fact in the record, or a controlling statute or decision, or has misconceived the issues presented on the appeal or the law applicable thereto.(b)Modification. When it is desired to point out and have corrected any inaccuracies in statements of law or fact contained in an opinion or opinion and order of the court, and the result reached is not questioned, a party may request a modification.(c)Extension. When it is desired to extend the opinion or opinion and order to cover matters in issue not discussed therein, and the result is not questioned, a party may request an extension.(2)Style. A party may petition for a combination of the above (rehearing, modification, and extension), if appropriate, but must style the petition to specifically include all forms of relief sought.(3)Time for Filing. A petition for rehearing, modification, extension, or publication shall be filed not later than 20 days from the date on which the opinion or opinion and order was issued, and any response thereto shall be filed no later than 20 days from the date on which the petition was filed. Unless a timely motion for discretionary review of an opinion or opinion and order of the Court of the Appeals is filed pursuant to RAP 44, the failure of a party to timely file a petition shall result in the appeal becoming final.(4)Form. All petitions regarding opinions or opinion and orders and responses under this rule shall be in the form prescribed by RAP 31 (excluding an introduction and statement of oral argument, and statement of points and authorities), but with covers colored as follows: Petition-Green; Response-Gray. All petitions shall attach a copy of the opinion at issue.(5)Length. Petitions for rehearing, modification, extension, or publication, and any responses shall be limited to 3,500 words or 8 pages if computer generated and limited to 10 pages if handwritten or typewritten. If a computer-generated document exceeds the page limit but is within the word limit, a word-count certificate in conformity with RAP 15 is required. Covers, signatures, and appendices are not included in the word or page limit. (6)Disposition. In the Supreme Court, a petition for rehearing will be assigned to a justice other than the one who prepared the opinion. In the Court of Appeals, a petition for rehearing will be assigned to a member of the panel that decided the case, other than the member who prepared the opinion. (7)Procedure if rehearing or reconsideration is granted. In the event a petition for rehearing is granted, a party adversely affected by the new opinion may petition for a rehearing, modification or extension under the same rules governing the original petition for rehearing, modification, or extension. (C)Amicus Curiae in Support of or Opposition to Petition for Rehearing of Opinion or Opinion and Order(1)Motion Required. An amicus curiae memorandum in support of or in opposition to a petition filed pursuant to RAP 43(B) shall not be filed except in extraordinary circumstances upon order of the appellate court, pursuant to a motion for leave filed simultaneously with the tendered memorandum that specifies with particularity the nature of the movant's interest, the points to be presented, and their relevance to the disposition of the petition for rehearing. (a)Time for Filing. A motion for leave to file an amicus curiae memorandum and accompanying memorandum must be filed within 10 days of the filing of the petition.(b)Payment. Payment of the filing fee specified in RAP 13 for a motion to file an amicus curiae brief shall be required with a motion for leave to file an amicus curiae memorandum in support of or in opposition to the petition.(2)Amicus Curiae Memorandum(a)Content. An amicus curiae memorandum should provide reasons for or against rehearing, modification, or extension that are unlikely to be brought to the attention of the court by the parties. An amicus curiae memorandum that does not serve this purpose burdens the Court, and its filing is not favored.(b)Form. An amicus curiae memorandum shall have a white cover containing the information required by RAP 5(A)(1) and (2) and the name of the party on whose behalf the motion is submitted and it shall include a word count certificate in conformity with RAP 15. An amicus curiae memorandum shall not exceed 1,750 words, excluding the cover, signature block, and word count certificate. The memorandum shall not contain appendices, other than copies of unpublished opinions as required by RAP 41.(D)Motion for Reconsideration of Order.(1)Time for Filing. Unless otherwise provided by these rules or ordered by the court, a party adversely affected by a decision of the Supreme Court or Court of Appeals rendered by order may no later than 20 days from the date of its entry move the court to reconsider it. On ex parte motion, the court may suspend the effectiveness of such order pending disposition of the motion to reconsider and any response thereto shall be filed no later than 20 days from the date on which the petition was filed. (2)Form. All motions for reconsideration of orders shall be in the form prescribed by RAP 7, with responses as allowed by that rule.(3)Length. The length of motions for reconsideration or orders and any responses are limited as set forth for petitions in paragraph (B)(5) above.(4)Motion to Reconsider Order on Motion to Dismiss. The timely filing of a motion to reconsider an order granting or denying a motion to dismiss shall suspend the running of time to the same extent as provided by RAP 7(G) with respect to the filing of a motion to dismiss.(5)No Reconsideration of Certain Orders. Paragraph (D)(1) of this rule shall not apply to orders granting or denying transfer under RAP 17, to orders granting or denying relief under RAP 20 or 21, or to orders granting or denying discretionary review under RAP 44. Orders granting or denying a petition for rehearing or a motion for reconsideration under this rule will not be reconsidered.(E) Number of Copies. In the Supreme Court 10 copies (1 unbound and 9 bound) shall be filed. In the Court of Appeals 5 copies (1 original and 4 bound) shall be filed.(F)Costs. Payment of the filing fee specified in RAP 13 shall be required with a petition or motion made pursuant to this rule.(G)Interplay with Motion for Discretionary Review. A motion for discretionary review will not be ruled on during the pendency of a petition for rehearing or motion for reconsideration. A party who has moved for discretionary review under RAP 44 may not file a petition for rehearing or motion for reconsideration of the same case in the court that rendered the opinion or order for which review is sought, unless the opinion or order sought to be reviewed is revised or set aside pursuant to another party's petition for rehearing or motion for reconsideration. If the order or opinion sought to be reviewed is set aside, the pending motion for discretionary review shall be dismissed without prejudice, and any party may file a subsequent motion for discretionary review of the order or opinion finally disposing of the case. The filing of a subsequent motion for discretionary review following a dismissal without prejudice under this paragraph shall not require payment of another filing fee.(H)Motion to Publish. When an opinion or opinion and order was originally designated not to be published and it is desired to cite the opinion or opinion and order as binding or persuasive precedent in any court of this state, a party may request publication. A motion to publish an opinion shall be filed not later than 20 days from the date on which the opinion was issued. The motion and any response shall be filed in accordance with KAP 7. No filing fee will be charged for a motion to publish.Adopted by order 2022-49, eff. 1/1/2023.