As amended through November 12, 2024
Rule 303 - Procedure on Petition for Hearing(a) Filing.(1) A petition for hearing must be filed within 30 days after the date of notice of the opinion, order, or memorandum opinion and judgment of the intermediate appellate court. Date of notice is defined in Civil Rule 58.1(c) and Criminal Rule 32.3(c). The original of the petition shall be filed, together with a completed docketing statement in the form prescribed by these rules, and proof of service on all parties to the proceeding in the intermediate appellate court. An additional nine copies of a petition for hearing before the supreme court or four copies of a petition for hearing before the court of appeals shall also be filed, unless otherwise specified by the clerk.(2) If a timely petition for rehearing is filed in the intermediate appellate court the full 30-day period for filing a petition for hearing begins to run upon the date of notice of the final order of the intermediate appellate court resolving the matter on rehearing. Date of notice is defined in Civil Rule 58.1(c) and Criminal Rule 32.3(c). Any petition for hearing filed prior to that time will not be entertained.(3) Cross-Petitions. When a petition is filed any other party may file and serve a cross-petition for hearing within 30 days after service of the petition. Otherwise, the provisions of this rule referring to petitions for hearing also apply to cross-petitions for hearing.(b) Format, Length and Contents. The petition for hearing shall be in the format prescribed by Rule 513.5(b), shall not exceed fifteen pages in length, excluding the decision of the intermediate appellate court, and shall contain in the following order: (1) A caption identifying the party filing the petition as the petitioner, and all other parties to the action in the intermediate appellate court as respondents;(3) A short statement of facts relevant to the appeal, but it is not necessary to restate facts correctly stated in the opinion of the intermediate appellate court;(4) A statement of the points relied on for reversal of the decision of the intermediate appellate court, including appropriate authorities;(5) A statement of concrete reasons, apart from those asserted for reversal, explaining why the issues presented have importance beyond the particular case and require decision by the court of discretionary review, and referring to specific paragraphs of Rule 304; and(6) A complete copy of the opinion, memorandum opinion and judgment, or order of the intermediate appellate court.(c) Response. Within 30 days after service, all other parties to the proceeding in the intermediate appellate court shall file either an original response, together with proof of service on all parties to the proceeding in the intermediate appellate court, or a notice that no response will be filed. An additional nine copies of a response to a petition for hearing before the supreme court or four copies of a response to a petition for hearing before the court of appeals shall be filed, unless a different number is specified by the clerk. The response shall not exceed fifteen pages in length. Motions to dismiss a petition for hearing will not be received; all objections to exercise of the discretionary power shall be contained in the response. The party filing a petition for hearing may not file a reply to the response without leave of the court of discretionary review. Consideration of the petition for hearing will not be delayed on account of the filing of a motion for leave to file a reply. Oral argument will not be held on the question whether a petition for hearing should be granted.(d) Extensions of Time. The time periods in this rule may be extended for up to 15 days by filing a notice. Motions for extensions beyond 15 days will be considered only in extraordinary circumstances.(e) Petition for Rehearing. A petition for rehearing may not be filed in connection with the grant or the denial of a petition for hearing.SCO 439 effective 11/15/1980: amended by SCO 554 effective 4/4/1983: by SCO 582 effective 2/1/1984; by SCO 584 effective 2/1/1984; by SCO 770 effective 3/15/1987; by SCO 1133 effective 7/15/1993; by SCO 1212 effective 7/15/1995; by SCO 1412 effective 10/15/2000; by SCO 1718 effective 4/15/2010; and by SCO 1823 effective 10/15/2014; amended July 20, 2016 by Supreme Court Order No. 1885, effective 10/15/2016; amended by SCO 1972, effective 10/15/2021.