Section 65.38. Petition for Reargument

A. A petition for reargument before a court en banc shall be referred to Central Legal Staff for review and the preparation of a memorandum for circulation to the full court. Central Legal Staff shall thereafter record the votes of the commissioned judges and shall prepare and file an order disposing of the petition within the sixty (60) days allowed therefor by Pa.R.A.P. 1113(a).

B. Reargument is not a matter of right, but of sound judicial discretion. A petition for reargument will be denied unless there are compelling reasons therefor. Such reasons include, but are not necessarily limited to, the following:

1. Where it appears that a decision of a panel of the court may be inconsistent with a decision of a different panel of the court;

2. Where it appears that a panel may have overlooked relevant precedent, statute, or rule of court;

3. Where it appears that a panel may have overlooked or misapprehended one or more material facts of record;

4. Where a panel relied upon relevant legal authority which has been reversed, modified, overruled, discredited or materially altered during the pendency of the appeal sub judice; and

5. Where the issues have potential for a significant impact upon developing law or public policy.

C. The court will not entertain a petition for reargument of an appeal which has been decided by a court en banc.

D. Following a decision by the merits panel, motions or petitions dealing with clarification, costs or sanctions, requests for publication pursuant to § 65.37, and petitions for extension of time to file an application for reargument will be referred to the merits panel for review and disposition. Untimely reargument applications shall be referred immediately by Central Legal Staff to the President Judge for entry of an order dismissing the application.

The provisions of this § 65.38 amended and effective May 11, 1992, 23 Pa.B. 1939; amended August 25, 2014, effective August 25, 2014, 44 Pa.B. 6223. Immediately preceding text appears at serial page (342605).