HEARING AND REHEARING EN BANC

U.S. Court of Appeals for the Eighth Circuit

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

Rule: 35A

Jurisdiction: CA8

Bluebook Citation: 8th Cir. R. 35A

Petition for En Banc Disposition. A petition must not refer to or adopt by reference any matter from other briefs or motions in the case. -22- (1) NUMBER. Petitions for rehearing and rehearing en banc filed by attorneys and other registered CM/ECF users must be filed electronically through the CM/ECF system. Attorneys exempt from CM/ECF and pro se parties not participating in CM/ECF filing must file one paper copy of the petition.

(2) FRIVOLOUS PETITIONS; COSTS ASSESSED.

The court may assess costs against counsel who files a frivolous petition for rehearing en banc deemed to have multiplied the proceedings in the case and to have increased costs unreasonably and vexatiously. At the court's order, counsel personally may be required to pay those costs to the opposing party. See 28 U.S.C. § 1927. Cross-References: FRAP 35; 8th Cir.

R. 40A(b).

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