PART VIII — DELIBERATION AND DISPOSITION
Rule 74. Rehearing and correction of decisions
Merits rehearing
A petition for rehearing of a merits judgment or decision must be filed within fifteen days after entry. The Court or a Justice may shorten or extend that period for extraordinary good cause on a motion filed before expiration, unless law makes the period nonextendible.
Grounds
Rehearing is not a second opportunity to present the case. The petition must identify, with exact references:
controlling law or a material record matter the Court overlooked or materially misapprehended;
an intervening circumstance of substantial or controlling effect;
a material factual premise in the decision that is demonstrably incorrect on the existing record;
an unresolved issue necessary to the judgment; or
a jurisdictional or procedural defect affecting the decision.
The petition may not repeat argument, enlarge the record, attack a Justice personally, or present an issue deliberately omitted earlier.
Rehearing after denial of discretionary or extraordinary relief
A petition to rehear an order denying discretionary review or an extraordinary writ must be filed within fifteen days after entry. The period is nonextendible. The petition is limited to an intervening circumstance of substantial or controlling effect or another substantial ground that could not reasonably have been presented before denial.
Form and certification
The petition is subject to Rule 38’s rehearing limit and must certify that:
it is presented in good faith and not for delay;
each ground satisfies subdivision (b) or (c);
no prior rehearing petition has been filed concerning the same decision; and
counsel or the self-represented filer has verified every quotation, citation, and record reference.
Response, reply, argument, and amicus
This subdivision supersedes Rule 61’s ordinary motion sequence.
No response may be filed unless the Court requests one.
A requested response is due within three days after service of the request unless the Court sets another period.
The Court ordinarily must not grant rehearing without requesting a response.
No reply or oral argument is permitted unless ordered.
An amicus filing is permitted only by leave or invitation under Rule 66(i).
Vote and disposition
Rehearing may be granted only by a majority of participating Justices, at the instance of a Justice who concurred in the judgment or decision. The Court may grant rehearing as to all or part, request reargument, order supplemental briefing, amend the decision, or enter a new judgment.
One petition
No consecutive or renewed petition for rehearing may be filed. A petition directed to a genuinely new judgment entered after rehearing is not consecutive, but must address only the change or a ground arising from it.
Timely correction after deficiency
If a petition was completely received and filed within the applicable period, presented in good faith, and rejected or returned solely for a correctable form defect, a conforming corrected petition filed within seven days after the Clerk’s deficiency notice is treated as timely. This subdivision does not cure incomplete transmission, lack of authority, an impermissible ground, or an original filing after the deadline.
Clerical correction
The Court may correct a clerical mistake, citation, caption, typographical error, or omission that does not change the judgment at any time. The correction must be filed as an errata or corrected version; the original must remain preserved in version history.
Material amendment
Before mandate, the Court may amend reasoning or judgment on rehearing, on a noticed motion, or on its own initiative after allowing a response when fairness requires. After mandate, a material amendment requires recall under Rule 73(i). If an amendment changes the judgment or materially changes a proposition affecting a party’s rights, a new fifteen-day rehearing period runs from entry of the amended decision.
Notice and publication
The Clerk must notify all parties, the lower tribunal, the Reporter of Decisions, and the public archive of a correction, amendment, grant of rehearing, or superseding opinion. A superseded version must be marked but not deleted.