After the Court issues a final order or
judgment, a party may wish to apply for a rehearing. There are two kinds of
rehearing. A petition for a panel rehearing requests that the panel of judges
that originally heard the case reconsider its decision. A petition for a
rehearing en banc requests that all the active judges on Court rehear the case.
A petition for panel rehearing and/or rehearing en banc must be filed within 14
days after the decision determining the case is filed. FRAP
35(c), 40(a)(1); LR
35.1, 40.1. If a party is simultaneously filing a petition for rehearing and
a petition for rehearing en banc, both requests must be made in a single
document. When a petition for rehearing exceeds 50 pages, the party filing
the petition must submit 3 paper copies to the Court. If the petition for
rehearing includes a petition for rehearing en banc, the party filing the
petition must submit 15 paper copies to the Court. Submission of the paper
copies is in addition to any applicable electronic filing requirements.
If the Court of Appeals amends a decision, the time for filing the petition for rehearing or amended petition for rehearing begins to run from the date the amended decision is entered. This recalculation of the time to file a petition for rehearing does not apply if the Court issues a corrected, as opposed to amended, decision. Each petition for rehearing must include a copy of the opinion or summary order to which the petition relates.
The timely filing of a petition for rehearing will stay the issuance of the mandate until disposition of the petition unless otherwise ordered by the Court. If the petition is denied, the mandate issues 7 days after the entry of the order denying the petition unless the time is shortened or extended by order.
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Last modified at 3/7/2011