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Court of appeals · Post-decision

Petition for Panel Rehearing / Rehearing En Banc

Asks the panel or the full court to rehear the case.

Filed by: Any party

Not yet verified. Compiled from the national rules and not yet verified by a reviewing attorney. The national rules are amended each December 1, and local rules, standing orders and judges' practices add to them. Confirm with the current rules before filing. This is not legal advice.

What it must include

  • Points of law or fact the court overlooked or misapprehended; for en banc, why the case meets the en banc criteria (FRAP 40(b))
  • Copy of the panel’s opinion or judgment
  • Certificate of compliance with the type-volume limit (FRAP 32(g)(1))
  • Proof of service (FRAP 25(d))

Deadline and length

Deadline: Within 14 days after entry of judgment; 45 days in a civil case involving the United States or its officer or agency (FRAP 40(d)(1)).

Length: 3,900 words or 15 pages (FRAP 40(d)(3)).

Governing rules

  • FRAP 40

Check the local rules for

  • Circuit en banc rules and cover requirements

Applies in federal courts of appeals. Find your court for its local requirements.

Other post-decision

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Track the deadline, service and filing checklist alongside the rest of the matter.