Unless the court requests, no response to a petition for panel rehearing is permitted. The petition must state with particularity each point of law or fact that the petitioner believes the court has overlooked or misapprehended and must argue in support of the petition. (D) a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States’ behalf–including all instances in which the United States represents that person when the court of appeals’ judgment is entered or files the petition for that person. (C) a United States officer or employee sued in an official capacity or But in a civil case, unless an order shortens or extends the time, the petition may be filed by any party within 45 days after entry of judgment if one of the parties is: Unless the time is shortened or extended by order or local rule, a petition for panel rehearing may be filed within 14 days after entry of judgment. A party filing a written motion under this rule shall provide a copy of the motion to the judge within ten (10) days after the filing of the motion.(a) Time to File Contents Response Action by the Court if Granted. The motion may in the discretion of the court be determined on briefs filed by the parties without oral argument. Except by consent of the parties, argument on the motion shall be heard in the circuit where the trial was held. ![]() The time within which to make the motions under this Rule shall not be affected by the ending of a term of court or departure of the judge from the circuit, and the trial judge shall retain jurisdiction of the action for the purpose of hearing and disposing of such motion if not heard and disposed during the term. The time for appeal for all parties shall be stayed by a timely motion under this Rule and shall run from the receipt of written notice of entry of the order granting or denying such motions. A motion to alter or amend the judgment shall be served not later than 10 days after receipt of written notice of the entry of the order. In either case, the court shall specify in the order the grounds therefor. After giving the parties notice and an opportunity to be heard on the matter, the court may grant a motion for a new trial, timely served, for a reason not stated in the motion. Not later than 10 days after entry of judgment, the court of its own initiative may order a new trial for any reason for which it might have granted a new trial on motion of a party. The opposing party has 10 days after such service within which to serve opposing affidavits, which period may be extended for an additional period not exceeding 20 days either by the court for good cause shown or by the parties by written stipulation. When a motion for new trial is based upon affidavits they shall be served with the motion. In non-jury actions the motion shall be made not later than 10 days after the receipt of written notice of the entry of judgment or of the filing of an order disposing of the action, if no judgment has been entered. The motion for a new trial shall be made promptly after the jury is discharged, or in the discretion of the court not later than 10 days thereafter. On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment. ![]() ![]() A new trial may be granted to all or any of the parties and on all or part of the issues (1) in an action in which there has been a trial by jury, for any of the reasons for which new trials have heretofore been granted in actions at law in the courts of the State and (2) in an action tried without a jury, for any of the reasons for which rehearings have heretofore been granted in the courts of the State.
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