Under Rule 64, the remaining period for filing a petition for certiorari after denial of the motion for reconsideration shall not be less than how many days?

Under Rule 64, the remaining period for filing a petition for certiorari after denial of the motion for reconsideration shall not be less than how many days?

• A. Five days
• B. Ten days
• C. Fifteen days
• D. Thirty days

Answer: (A)

The time framework tested here centers on the remedy window after a motion for reconsideration is denied in Rule 64 cases. When a party seeks relief by petition for certiorari after a judgment, and the motion for reconsideration is denied, the remaining period to file that petition must leave at least a five-day cushion. This five-day floor ensures there is a minimal but real opportunity to prepare and submit the petition, even if the denial shortens the available time. Thus, the correct minimum remaining period is five days. The other options propose longer stand-down periods, but the rule fixes five days as the floor, not ten, fifteen, or thirty.

The time framework tested here centers on the remedy window after a motion for reconsideration is denied in Rule 64 cases. When a party seeks relief by petition for certiorari after a judgment, and the motion for reconsideration is denied, the remaining period to file that petition must leave at least a five-day cushion. This five-day floor ensures there is a minimal but real opportunity to prepare and submit the petition, even if the denial shortens the available time.

Thus, the correct minimum remaining period is five days. The other options propose longer stand-down periods, but the rule fixes five days as the floor, not ten, fifteen, or thirty.