10th Cir. R. 40.1: Generally

(A) Panel rehearing is not routine. A petition for panel rehearing should not be filed routinely. Panel rehearing will be granted only if a significant issue has been overlooked or misconstrued by the court.

(B) En banc consideration is extraordinary. A request for en banc consideration is disfavored. Before seeking rehearing en banc litigants should be aware and take account of the fact that, before any published panel opinion issues, it is generally circulated to the full court and every judge on the court is given an opportunity to comment. En banc review is an extraordinary procedure intended to focus the entire court on an issue of exceptional public importance or on a panel decision that conflicts with a decision of the United States Supreme Court or of this court.

(C) Petition for writ of certiorari to Supreme Court. Filing a petition for panel rehearing or for rehearing en banc is not required before filing a petition for a writ of certiorari in the United States Supreme Court.

(D) Sanctions. If a petition for panel rehearing or for rehearing en banc is found to be frivolous, vexatious, or filed for delay, the court may impose a monetary penalty. Counsel may be required to personally pay the penalty to the opposing party. See 28 U.S.C. § 1927.