(c) Scope of Application; When Rehearing Considered. (1) Matters presented in the briefs and oral arguments may not be reargued in the petition for rehearing, and no point may be raised for the first time on rehearing. (2) The court may consider rehearings in the following circumstances: (i) When the court has overlooked or misapprehended a material fact in the record or a material question of law in the case, or (ii) When the court has overlooked, misapplied or failed to consider a statute, procedural rule, regulation or decision directly controlling a dispositive issue in the case. (d) Answer; Reply. No answer to a petition for rehearing or reply to an answer shall be filed unless requested by the court. Unless otherwise ordered by the court, the answer to a petition for rehearing shall be filed within fifteen (15) days after entry of the order requesting the answer. A petition for rehearing will ordinarily not be granted in the absence of a request for an answer. (e) Action by Court if Granted. If a petition for rehearing is granted, the court may make a final disposition of the cause without reargument or may restore it to the calendar for reargument or resubmission or may make such other orders as are deemed appropriate under the circumstances of the particular case. A petition for rehearing of a panel decision shall be reviewed by the panel that decided the matter. If the panel determines that rehearing is warranted, rehearing before that panel will be held. The full court shall consider a petition for rehearing of an en banc decision. (f) Untimely Petitions; Unrequested Answer or Reply. A petition for rehearing is timely if mailed or sent by commercial carrier to the clerk within the time fixed for filing. The clerk shall not receive or file an untimely petition, but shall return the petition unfiled. The clerk shall return unfiled any answer or reply submitted for filing in the absence of an order requesting the same. (g) Sanctions. Petitions for rehearing which do not comply with this Rule may result in the imposition of appropriate sanctions. [As amended; effective July 1, 2003.] RULE 40A. PETITION FOR EN BANC RECONSIDERATION (a) Grounds for En Banc Reconsideration. En banc reconsideration of a panel decision is not favored and ordinarily will not be ordered except when (1) reconsideration by the full court is necessary to secure or maintain uniformity of its decisions, or (2) the proceeding involves a substantial precedential, constitutional or public policy issue. This court considers a decision of a panel of this court resolving a claim of error in a criminal case, including a claim for post-conviction relief, to be final for purposes of exhaustion of state remedies in subsequent federal proceedings. En banc reconsideration is available only under the limited circumstances set forth in this subsection of this Rule. Petitions for en banc reconsideration in criminal cases filed on the pretext of exhausting state remedies may result in the imposition of sanctions under subsection (g) of this Rule. (b) Time for Filing; Effect of Filing on Finality of Judgment. Any party may petition for en banc reconsideration of a panel’s decision within ten (10) days after written entry of a panel decision to deny rehearing. The three day mailing period set forth in Rule 26(c) does not apply to the time limits set by this Rule. No petition for en banc reconsideration of a panel’s decision to grant rehearing is allowed; however, if a panel grants rehearing, any party may petition for en banc reconsideration of the panel’s decision on rehearing within ten (10) days after written entry of the decision. If no petition for rehearing is filed, then no petition for en banc reconsideration is allowed. The pendency of a petition for en banc reconsideration shall not affect the finality of the judgment of the court or stay the issuance of the remittitur. (c) Content of Petition. A petition based on grounds that full court reconsideration is necessary to secure and maintain uniformity of the court’s decisions shall demonstrate that the panel’s decision is contrary to prior, published opinions of this court and shall include specific citations to those cases. If the petition is based on grounds that the proceeding involves a substantial precedential, constitutional or public policy issue, the petition shall concisely set forth the issue, shall specify the nature of the issue, and shall demonstrate the impact of the panel’s decision beyond the litigants involved. The petition shall be supported by points and authorities and shall contain such argument in support of the petition as the petitioner desires to present. Matters presented in the briefs and oral arguments may not be reargued in the petition, and no point may be raised for the first time. (d) Form of Petition and Answer; Number of Copies; Length. A petition for en banc reconsideration, or an answer to the petition, shall be in a form prescribed by Rule 32, and an original and eight (8) copies shall be filed with the clerk unless the court by order in a particular case shall direct a different number. One copy shall be served on counsel for each party separately represented. Except by permission of the court, a petition for full court reconsideration, or an answer to the petition, shall not exceed 10 pages. (e) Answer and Reply. No answer to a petition for reconsideration or reply to an answer shall be filed unless requested by the court. Unless otherwise ordered by the court, the answer to a petition for reconsideration shall be filed within fifteen (15) days after entry of the order requesting the answer. A petition for reconsideration will ordinarily not be granted in the absence of a request for an answer. (f) Action by Court if Granted. En banc reconsideration shall be granted upon the request of any two justices. If a petition for en banc reconsideration is granted, the court may make a final disposition of the cause without reargument or may place it on the en banc calendar for reargument or resubmission or may make such other orders as are deemed appropriate under the circumstances of the particular case. (g) Frivolous Petitions; Costs Assessed. Unless a case meets the rigid standards of subsection (a) of this Rule, the duty of counsel is discharged without filing a petition for en banc reconsideration of a panel decision. Counsel filing a frivolous petition shall be deemed to have multiplied the proceedings in the case and to have increased costs unreasonably and vexatiously. At the discretion of the court, counsel personally may be required to pay an appropriate sanction, including costs and attorney’s fees, to the opposing party. (h) Untimely Petitions; Unrequested Answer or Reply. A petition for reconsideration is timely if mailed or sent by commercial carrier to the clerk within the time fixed for filing. The clerk shall not receive or file an untimely petition, but shall return the petition unfiled. The clerk shall return unfiled any answer or reply submitted for filing in the absence of an order requesting the same. [As amended; effective August 14, 2000.] RULE 41. ISSUANCE OF REMITTITUR; STAY OF REMITTITUR (a) Date of Issuance. The remittitur of the court shall issue twenty-five (25) days after the entry of judgment unless the time is shortened or enlarged by order. Unless an appeal or other proceeding is dismissed pursuant to Rule 42, a formal remittitur shall issue. A certified copy of the judgment and opinion of the court, if any, and any direction as to costs shall be included with the remittitur. The timely filing of a petition for rehearing will stay the remittitur until disposition of the petition unless otherwise ordered by the court. If the petition is denied, the remittitur shall issue twenty-five (25) days after entry of the order denying the petition unless the time is shortened or enlarged by order. Unless the court otherwise orders, a petition for full court reconsideration shall not affect the finality of the judgment of the court or stay issuance of the remittitur. (b) Stay of Remittitur Pending Application for Certiorari. A stay of the remittitur pending application to the Supreme Court of the United States for a writ of certiorari may be granted upon motion, reasonable notice of which shall be given to all parties. The stay shall not exceed sixty (60) days unless the period is extended for cause shown. If during the period of the stay there is filed with the clerk of the Supreme Court of Nevada a notice from the clerk of the Supreme Court of the United States that the party who has obtained the stay has filed a petition for the writ in that court, the stay shall continue until final disposition by the Supreme Court of the United States. Upon the filing of a copy of an order of the Supreme Court of the United States denying the petition for writ of certiorari the remittitur shall issue immediately. A bond or other security may be required as a condition to the grant or continuance of a stay of the remittitur. [As amended; effective August 26, 2002.] RULE 42. VOLUNTARY DISMISSAL (a) Reserved. (b) Dismissal in the Supreme Court. If the parties to an appeal or other proceeding shall sign and file with the clerk of the Supreme Court an agreement that the proceeding be dismissed, specifying the terms as to payment of costs, and shall pay whatever fees are due, the clerk shall enter the case dismissed, but no remittitur or other process shall issue without an order of the court. An appeal may be dismissed on motion of the appellant upon such terms as may be agreed upon by the parties or fixed by the court. [As amended; effective September 1, 1996.] RULE 43. SUBSTITUTION OF PARTIES (a) Death of a Party. If a party dies after a notice of appeal is filed or while a proceeding is otherwise pending in the Supreme Court, the personal representative of the deceased party may be substituted as a party on motion filed by the representative or by any party with the clerk of the Supreme Court. The motion of a party shall be served upon the representative in accordance with the provisions of Rule 25. If the deceased party has no representative, any party may suggest the death on the record and proceedings shall then be had as the Supreme Court may direct. If a party against whom an appeal may be taken dies after entry of a judgment or order in the district court but before a notice of appeal is filed, an appellant may proceed as if death had not occurred. After the notice of appeal is filed substitution shall be effected in the Supreme Court in accordance with this subdivision. If a party entitled to appeal shall die before filing a notice of appeal, the notice of appeal may be filed by his personal representative, or, if he has no personal representative, by his attorney of record within the time prescribed by these rules. After the notice of appeal is filed substitution shall be effected in the Supreme Court in accordance with this subdivision. (b) Substitution for Other Causes. If substitution of a party in the Supreme Court is necessary for any reason other than death, substitution shall be effected in accordance with the procedure prescribed in subdivision (a). (c) Public Officers; Death or Separation From Office. (1) When a public officer is a party to an appeal or other proceeding in the Supreme Court in his official capacity and during its pendency dies, resigns or otherwise ceases to hold office, the action does not abate and his successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.

Vegas Law