IOP X: Petitions for Panel Rehearing and Petitions for Hearing or Rehearing En Banc
Local Rules and Internal Operating Procedures of the First Circuit — Internal Operating Procedures
A. General. Fed. R. App. P. 40 should be consulted with respect to the procedures. Petitions for rehearing are intended to bring to the attention of the panel claimed errors in the opinion and they are not to be used for reargument of an issue previously presented.
B. No Response. Unless the court requests, no response to a petition is permitted.
C. En Banc Processing. A petition for a hearing or rehearing en banc is submitted by the Clerk to the panel that heard the case and to the other active First Circuit judges. A petition for rehearing en banc will also be treated as a petition for rehearing before the original panel.
D. Vacation of Previous Opinion and Judgment. Usually when an en banc rehearing is granted, the previous opinion and judgment will be vacated.