En Banc Procedure (Transferred to Local Rule 40.1)

U.S. Court of Appeals for the Second Circuit

Rule Set: Local Rules of the U.S. Court of Appeals for the Second Circuit

Rule: 40.1

Jurisdiction: CA2

Bluebook Citation: 2d Cir. R. 40.1

All Rules: 2d Cir. Local Rules, complete index

Text

Home About The Court Circuit Executive's Office Clerk's Office Clerkships Court Security EDR Plan Emergency Information Job Postings Media Information Mediation (CAMP) Research Services Staff Attorney's Office Visitor Information Judges Judicial Council Judicial Conduct Seminars Disclosures Attorneys Attorney Admissions and Renewals Attorney Admissions Database Attorney Discipline Criminal Justice Act Electronic Payment Instructions Mediation (CAMP) Pro Bono Materials Decisions Calendars Court Calendar Federal Holidays Term Sittings Case-Filing Electronic Filing Information Fee schedule Dockets Cases Filed On or After January 1, 2010 Cases Filed Prior to January 1, 2010 Electronic Filing Information Overview How to Use CM/ECF Support Fee Schedule Appellate Filer Registration Clerk's Office Directory Decisions Electronic Payment Instructions Fee Schedule File a Document (CM/ECF) Forms and Instructions PACER Rules Update CM/ECF Appellate Filer Account Home | Case-Filing | Rules Home | Local Rules | Title VII. General Provisions Local Rule 40.1. Panel and En Banc Rehearing Procedure (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.

En Banc Procedure (Transferred to Local Rule 40.1)

Text

Chat with this local rule using AI