(a) Form of Petition. If a party is simultaneously filing a
petition for panel rehearing and a petition for rehearing en
banc, both requests must be made in a single document.
(b) Copy of Opinion or Summary Order Required. A petition for
rehearing en banc, or a combined petition for panel rehearing
and for rehearing en banc, must include a copy of the opinion
or summary order to which the petition relates, and must not
include any other documents.
(c) Number of Paper Copies. If a petition for rehearing en banc exceeds 50 pages, the petitioner must submit 15 paper copies to the clerk’s office.
(d) Procedure After Amendment of Court Ruling. If the court
substantively amends its opinion or summary order, a petition
(or an amended petition) for rehearing en banc may be filed
within the time specified by FRAP 35(c), counted from the date
of filing of the amended opinion or order. A petition for
rehearing en banc filed before amendment of the court’s ruling
may, but need not, be amended.
(e) Sanctions. The court may, after affording notice and an
opportunity to be heard, impose sanctions against a party that
files a frivolous petition for rehearing en banc.
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Last modified at 12/15/2010