6 Cir. R. 40: Panel Rehearing; En Banc Determination
Rules and Internal Operating Procedures of the Sixth Circuit — Title VII. General Provisions
(a) Petition Content. A petition for panel rehearing containing a petition for rehearing en banc must so state plainly on the cover and in the title of the document. A petition that does not plainly request en banc rehearing will be presumed to seek only panel rehearing and will not be circulated to the en banc court for review. A copy of the opinion or final order sought to be reviewed must accompany the petition.
(b) Expedited Relief. A petition for panel rehearing or for rehearing en banc should state whether the court has previously expedited the matter for review. If either party seeks expedited review or relief for the first time upon rehearing, the party should file a separate motion that shows good cause to expedite.
(c) Extension of Time. The court will grant a motion to extend the time to file a petition for panel rehearing or for rehearing en banc only for the most compelling reasons. If an untimely petition for panel rehearing or for rehearing en banc is not accompanied by a motion to extend the filing time, the court will return the petition, unfiled, to the sending party.
(d) Effect of Granting a Petition for Rehearing En Banc. A decision to grant rehearing en banc vacates the previous opinion and judgment or order of the court, stays the mandate, and restores the case on the docket as a pending appeal.