Rule 5A:35 - [Effective 11/25/2024] Procedure for Rehearing(a)Rehearing by a Panel. - When rehearing by a panel is granted on petition of a party, the clerk of this Court must notify all counsel. No brief in addition to the petition may be filed by petitioner. Respondent may file in the office of the clerk an answering brief, which may not exceed the longer of 25 pages or 5,300 words, within 21 days following the date of the order of this Court granting a rehearing. The respondent's answering brief must be transmitted, mailed, or delivered to opposing counsel on or before the date the answering brief is filed. Respondent may be heard orally whether or not an answering brief is filed. The case will be placed on the docket for oral argument. When practicable, such a rehearing will be heard by the same panel that rendered the final decision in the case.(b)Rehearing En Banc. - When all or part of a petition for rehearing en banc is granted the clerk of this Court must notify all counsel. The mandate is stayed as to all issues decided by the panel pending the decision of this Court en banc. The appeal is reinstated on the docket of this Court for oral argument only as to issues granted. Briefing and oral argument will proceed in the same order as before the three-judge panel.(1) Issues Considered Upon Rehearing En Banc. This Court may grant a petition for rehearing en banc in whole or in part. Any issue decided by a panel of this Court not subject to a petition for rehearing en banc remains undisturbed by an en banc decision. Review by the en banc Court is limited to those matters raised in the petition for rehearing en banc for which the Court granted rehearing and those matters included in the grant by this Court on its own motion.(2) Appellant's Opening Brief Upon Rehearing En Banc. The party who was the appellant before the panel of this Court remains the appellant before the en banc Court. The appellant may not change an assignment of error from the one assigned before the panel but may seek leave of Court to make technical corrections or non-substantive changes that do not prejudice the appellee. The appellant must file an en banc opening brief in the office of the clerk within 21 days following the date of the order of this Court granting rehearing en banc. The opening brief is subject to the requirements of Rule 5A:19(a), (d), (e), and (f), and of Rule 5A:20(a)-(h), except that the opening brief must omit assignments of error for which the Court did not grant en banc review.(3) Appellee's Answering Brief Upon Rehearing En Banc. The party who was the appellee before the panel of this Court may file in the office of the clerk the answering brief within 14 days after the en banc opening brief has been filed. The appellee's answering brief is subject to the requirements of Rule 5A:19(a), (d), (e), and (f), and of Rule 5A:21, except that Rule 5A:21(e) applies to any assignment of cross-error only if the Court has granted en banc review of such cross-error. The appellee's answering brief must omit assignments of cross-error for the which the Court did not grant en banc review. Appellee may be heard orally whether or not the answering brief is filed.(4) Reply Briefs Upon Rehearing En Banc. The party who was the appellant before the panel may file in the office of the clerk a reply brief within 14 days after the answering brief has been filed. If the Court has granted en banc review of any cross-error, the party who was the appellee before the panel may file in the office of the clerk a reply brief in support of such assignment of cross-error within 14 days after the appellant's reply brief has been filed. A reply brief under this rule is subject to the requirements of Rule 5A:19(a), (e), and (f) and of Rule 5A:22.Amended by order dated April 30, 2010, effective 7/1/2010; amended by Order dated March 1, 2011; effective 5/2/2011; 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; amended by order dated September 26, 2024, effective 11/25/2024.