(a) Copy of Opinion or Summary Order Required. A petition for
panel rehearing must include a copy of the opinion or summary
order to which the petition relates, and must not include any
(b) Number of Paper Copies. If a petition for panel rehearing exceeds 50 pages, the
petitioner must submit 3 paper copies of the petition to the clerk’s office. If the petition
for panel rehearing is simultaneously filed with a petition for rehearing en banc, the
petitioner must submit the number of copies required by LR 35.1(c).
(c) Procedure After Amendment of Court Ruling. If the court
substantively amends its opinion or summary order, a petition
(or an amended petition) for panel rehearing may be filed
within the times specified by FRAP 40(a)(1), counted from the
date of filing of the amended opinion or order. A petition for
panel rehearing filed before amendment of the court’s ruling
may, but need not, be amended.
(d) Sanctions. The court may, after affording notice and an
opportunity to be heard, impose sanctions against a party that
files a frivolous petition for panel rehearing.
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