A petition for rehearing is a request that is directed to the appellate court that issued the decision on appeal. It asks the court to revisit or reconsider one or more aspects of that opinion. Unlike a petition for review, the Idaho Appellate Rules do not set out any general criteria for granting a petition for rehearing. However, these petitions are often filed when the appellate decision contains erroneous statements of law, erroneous statements regarding the appellate record of the case, or if the appellate court decides an issue (in whole or in part) on legal grounds outside of the arguments of the parties. In addition, the criteria for the granting of a petition for review can provide some guidance for potential grounds for a petition for rehearing. [li] The court that issued the appellate opinion will decide whether to grant rehearing. [lii]
The petition for rehearing must be filed within 21 days of the filing of the appellate opinion.[liii] A brief in support of the petition can be filed at the same time, or within 14 days of the filing of the petition for rehearing. [liv] No response to the petition is permitted by the opposing party unless the appellate court permits a responsive brief. [lv] If the court grants rehearing, the order will identify the issues being reheard, then set a briefing schedule on rehearing and schedule oral argument. [lvi]