Rule 35. Motions for Reconsideration, or for Decision by a Panel or 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. A party in a case decided by the full Court may move for reconsideration by the full Court.

(b) Motion for Panel Decision. A party in a case decided by a single judge may move for decision by a panel of the Court.

(c) Motion for Full Court Decision. A party may move for decision by the full Court (1) initially, or (2) after a panel has decided a case, or (3) after a panel has denied a motion for panel decision or reconsideration. A motion for decision by the full Court in a case decided only by a single judge is not permitted. Motions for full Court decision are not favored. Ordinarily they will not be granted unless such action is necessary to secure or maintain uniformity of the Court's decisions or to resolve a question of exceptional importance.

(d) Time for Motion.

(1) A motion for single-judge reconsideration, for panel decision, or for both, must be filed within 21 days (51 days if the motion is filed by a person located outside a state, the District of Columbia, Puerto Rico, or the Virgin Islands) after the date of the single-judge decision.

(2) A motion for panel reconsideration, for full Court decision, or for both, must be filed within 21 days (51 days if the motion is filed by a person located outside a state, the District of Columbia, Puerto Rico, or the Virgin Islands) after the date of the initial panel decision or order denying a motion for panel decision.

(3) A motion for initial consideration of a case by the full Court must be filed within 30 days after the date on which the appellant's brief was served.

(4) A motion for reconsideration of a case by the full Court must be filed within 21 days (51 days if the motion is filed by a person located outside a state, the District of Columbia, Puerto Rico, or the Virgin Islands) after the date of the initial full Court decision.

(e) Content of Motion. A motion under this rule must contain a supporting argument. In addition:

(1) a motion for panel decision or a motion for single-judge, panel, or full Court reconsideration must state the points of law or fact that the party believes the Court has overlooked or misunderstood, and

(2) a motion for full Court decision must state (A) how such action will secure or maintain uniformity of the Court's decisions or (B) what question of exceptional importance is involved.

(f) Form; Length; Number of Copies. Except by the Court's permission, a motion or response (including any supporting memorandum or brief) under this rule must not exceed 15 pages. The motion must otherwise comply with Rule 27, but it need not indicate whether it is opposed. A motion for full Court decision, and any response, 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 it is requested by the Court, but a motion for panel or full Court decision ordinarily will not be granted without such a request. A motion for reconsideration will be decided by the judge or panel that rendered the decision. A motion for panel decision will be referred to a panel. A motion for full Court decision will be referred to all of the judges. Consideration by the full Court requires the vote of a majority of the judges. The Clerk shall return an untimely motion or one that fails to include the statement required by subsection (e) of this rule.

(As amended Feb. 11, 1998, eff. Apr. 1, 1998.)