(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