(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) Time to File in a Direct Criminal Appeal. A petition for panel rehearing may be filed within 45 days after entry of judgment.

(c) 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 other documents.

(d) Number of Paper Copies. If a petition for only panel rehearing exceeds 50 pages, the petitioner must submit 3 paper copies of the petition to the clerk's office. If a petition for only en banc rehearing or a single petition for panel and en banc rehearing is filed, regardless of the petition's length, the petitioner must submit the 15 paper copies.

(e) 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(d)(1) or, if in a direct criminal appeal by L.R. 40.1(b) above, counted from the date of filing of the amended opinion or order. A petition for rehearing filed before amendment of the court's ruling may, but need not, be amended.

(f) 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.

Last modified on 12/2/2024