Circuit Rule 40: Petition for Panel Rehearing and Petition for Hearing or Rehearing En Banc
D.C. Circuit Rules — Title VII. General Provisions
(a) Time Within Which to File. In all cases in which a party is one of those listed in FRAP 40(d)(1)(A)-(D), the time within which any party may seek panel rehearing or rehearing en banc is 45 days after entry of judgment or other form of decision. In all other cases, any petition for panel rehearing or petition for rehearing en banc must be filed within 30 days after entry of judgment or other form of decision. The time for filing a petition for panel rehearing or rehearing en banc will not be extended except for good cause shown.
(b) Number of Copies and Length. An original and 4 copies of a petition for panel rehearing, and an original and 19 copies of a petition for hearing or rehearing en banc must be filed. Such petitions must conform to the length limits of FRAP 40. This court disfavors motions to exceed length limits, and such motions will be granted only for extraordinarily compelling reasons.
(c) Panel Opinion, Certificate of Parties, and Disclosure Statement to be Attached. A copy of the opinion of the panel from which rehearing is being sought; a certificate of parties and amici curiae, as described in Circuit Rule 28(a)(1)(A); and a disclosure statement, as described in FRAP 26.1 and Circuit Rule 26.1, must be attached as an addendum to the petition. Any required disclosure statement must also be attached to any response to a petition.
(d) Disposition of Petition. A petition for rehearing ordinarily will not be granted, nor will an opinion or judgment be modified in any significant respect in response to a petition for rehearing, in the absence of a request by the court for a response to the petition. A response to a petition for panel rehearing, or hearing or rehearing en banc, must conform to the length limits of FRAP 40.
A petition for panel rehearing will not be acted upon until action is ready to be taken on any timely petition for rehearing en banc. If rehearing en banc is granted, the panel’s judgment, but ordinarily not its opinion, will be vacated, and the petition for panel rehearing may be acted upon without awaiting final termination of the en banc proceeding. Upon termination of the en banc proceeding, a new judgment will be issued. If the en banc court divides evenly, a new judgment affirming the decision under review will be issued.
(e) Filing Copies of Brief. When a petition for rehearing is granted, the court will issue an appropriate order if further briefing is needed or if more copies of the original briefs are required.
(f) Brief of an Amicus Curiae. No amicus curiae brief in response to or in support of a petition for rehearing en banc will be received by the clerk except by invitation of the court, and an amicus brief will not be accepted if the participation of amicus would result in the recusal of a member of the en banc court.