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(a) Cover

The cover of a petition for rehearing filed under FRAP 40 must state whether the petition seeks panel rehearing, rehearing en banc, or both. (New 12/1/24)

(b) Format/Length of Petition and Response

The format of a petition and any response is governed by FRAP 32(c)(2). The petition may not exceed 15 pages unless it complies with the alternative length limitation of 4,200 words. A response, when ordered by the Court, must comply with the same length limits as the petition.

If an unrepresented litigant elected to file a form brief pursuant to Circuit Rule 28-1, the petition need not comply with FRAP 32.

The petition or response must be accompanied by the completed certificate of compliance found at Form 11. (New 7/1/00; Rev. 12/1/16; Rev. 12/1/21; Rev. 12/1/24)

(c) Number of Copies

If the petition is not required to be filed electronically, an original shall be filed. (Rev. 12/1/09)

(d) Copy of Panel Decision

The petition shall be accompanied by a copy of the panel’s order, memorandum disposition or opinion being challenged. (New 7/1/06; Rev. 12/1/24)

Notes

Circuit Advisory Committee Note to Rule 40-1

A petition for rehearing or rehearing en banc of a non-dispositive order must be filed within the time limits set forth in Circuit Rule 27-10(a)(2).

Litigants are reminded that a petition for panel rehearing and/or rehearing en banc must be received by the Clerk in San Francisco on the due date. See FRAP 25(a)(1) and (2)(A) and Circuit Rule 25-2; see also United States v. James, 146 F.3d 1183 (9th Cir. 1998). (Rev. 12/1/02; 12/1/09; 1/1/12; 12/1/24; 12/1/25)