General Order 5.3: Amendment of Disposition; Proposal by Judge
Circuit Rules and General Orders of the Ninth Circuit — General Orders — Chapter V: En Banc Procedures
a. Amendment of Disposition
Unless the panel orders otherwise, if a panel amends its disposition, the parties are permitted to file new petitions for panel rehearing and rehearing en banc from the amended disposition. See FRAP 40(d)(1). If a panel amends its disposition while a petition for rehearing en banc is pending, that petition remains pending until its disposition by the court. (New 7/1/02; Rev. 10/26/21; 12/1/24)
b. Proposal by Judge
Any active or senior judge may, before an en banc call is made or before the time for calling for en banc expires, propose to the panel that it amend its disposition. Such a request does not suspend en banc procedures. Any proposal to amend shall be accompanied by the text of the proposed amendment.
c. Modification of Opinion Subject to an En Banc Call
After an en banc call is made, but prior to the completion of a successful vote on whether the case should be reheard en banc, a panel may modify its opinion in one of two ways:
(1) A panel may withdraw its opinion and issue a new opinion or file a superseding amended opinion. The panel’s withdrawal of its opinion moots the en banc call, as well as any pending petition for panel rehearing and petition for rehearing en banc. Once the panel has filed a new opinion, the parties may file new petitions for panel rehearing or rehearing en banc, and any judge may commence en banc proceedings in accordance with G.O. 5.4.
(2) A panel may propose one or more amendments to its opinion that would be made if the en banc call fails. If the en banc call succeeds, then the en banc court takes control of the case. If the en banc call fails, then the panel shall proceed to file the amended opinion. (New 10/26/21; Rev. 12/1/24)