Rule 71-5. Motions for Reconsideration; Motions for Reconsideration En Banc

A motion for reconsideration will not be entertained unless filed with the appellate clerk within ten days from the date when the decision or any order being challenged is officially released. Any required fees shall be paid in accordance with the provisions of Section 60-7 or 60-8. A fee shall not be required for a motion for reconsideration when either (1) no fee was required to file the appeal, or (2) the movant was granted a waiver of fees to file the appeal. The motion for reconsideration shall state briefly the grounds for requesting reconsideration. A party may also request reconsideration en banc by placing ''en banc'' in the caption of the motion and requesting such relief as an alternative to reconsideration by the panel. Whenever reconsideration en banc is sought, the motion shall state briefly why reconsideration en banc is necessary (for example, to secure or maintain uniformity of decision or because of the importance of the decision) and shall also state the names of the decisions, if any, with which the decision conflicts. A motion for reconsideration shall be treated as a motion for reconsideration en banc when any member of the court which decided the matter will not be available, within a reasonable time, to act on the motion for reconsideration.

Committee Notes

(Amended July 21, 1999, to take effect Jan. 1, 2000.) (P.B. 1978-1997, Sec. 4121.) (Amended July 21, 1999, to take effect Jan. 1, 2000; amended Sept. 16, 2015, to take effect Jan. 1, 2016; amended June 6, 2018, to take effect Sept. 1, 2018.)