Rule 35. Motions for Reconsideration, for Panel Review, or for Consideration or Review by the Full Court

(a) Motion for Reconsideration. A party in a case decided by a single judge may move for reconsideration by the single judge. A party in a case decided by a panel may move for reconsideration by the panel. Such a motion must be made within 14 days after the date of the decision of which reconsideration is being requested. If such a motion is filed, judgment will not be entered until the motion is acted upon. A party in a case decided by the full Court may move for reconsideration by the full Court. However, the filing of such a motion will not postpone the entry of judgment. A motion for reconsideration of the full Court's denial of review of a panel decision will not be entertained.

(b) Motion for Panel Review. A party in a case decided by a single judge may move for review by a panel of the Court. A party in a case decided by a panel may move for review by the full Court. If such a motion is filed, judgment will not be entered until the motion is acted upon.

(c) Motion for Consideration or Review by the Full Court. A party may move for initial consideration of a case, or for review of a panel decision in a case, by the full Court. Such motions are not favored and ordinarily will not be granted except when such action is necessary to secure or maintain uniformity of the Court's decisions or to resolve a question of exceptional importance. A motion for direct review by the full Court of a single-judge decision is not permitted. The filing of a motion for review by the full Court will not postpone the entry of judgment.

(d) Time for Motion. A motion, whether separate or in the alternative, for single-judge reconsideration or panel review of a single-judge decision must be made within 14 days, plus the additional time allowed in Rule 26(c), after the date of the initial single-judge decision. A motion, whether separate or in the alternative, for panel reconsideration or full Court review of a panel decision (including panel denial of review) must be made within 14 days, plus the additional time allowed in Rule 26(c), after the date of the initial panel decision. A motion for initial consideration of a case by the full Court must be made not later than the date on which the Secretary's brief is first due.

(e) Content of Motion. A motion for reconsideration or review must state the points of law or fact which the party believes the Court has overlooked or misunderstood, and must contain an argument in support of the party's position. A motion for full Court consideration or review must state (1) how such action will secure or maintain uniformity of the Court's decisions or (2) what question of exceptional importance is involved, and must contain an argument in support of the party's position.

(f) Form; Length; Number of Copies. Except by permission of the Court, a motion (including any memorandum or brief filed in support thereof) under this rule may not exceed 15 pages and must otherwise comply with Rules 25, 27 (except that the motion need not indicate whether it is opposed) and 32. A motion for consideration or review by the full Court must be filed in an original and 7 copies.

(g) Response; Action on the Motion. No response to a motion under this rule may be filed unless requested by the Court, but a motion for review ordinarily will not be granted without such a request. Except by permission of the Court, a response (including any memorandum or brief filed in support thereof) may not exceed 15 pages. A motion for oral argument will not be permitted. A motion for reconsideration will be decided by the judge or panel which rendered the decision. A motion for review of a single-judge decision will be referred to a panel. A motion for review of a panel decision will be referred to all of the judges. Consideration or review by the full Court requires the vote of a majority of the judges, but such a vote need not be taken unless a judge requests it. The Clerk may return an untimely motion or one which fails to include the statement required by subsection (e) of this rule.

(As amended June 14, 1994, eff. Aug. 1, 1994.)