10th Cir. R. 40.2: Petition for rehearing en banc

(A) Cover. The cover page and title of a petition requesting en banc consideration must clearly indicate that en banc consideration is sought.

(B) Attachments. A copy of the panel decision that is the subject of a request for rehearing en banc must be attached to the petition. No other documents may be attached unless the petition is accompanied by a motion for leave to attach additional documents that identifies the attachments with particularity and states the reason(s) why they are necessary for the court’s consideration of the petition.

(C) Untimely request. Untimely en banc requests will be transmitted to the full court only upon express order of the hearing panel.

(D) Who may vote; en banc panel. A majority of the active judges who are not disqualified may order rehearing en banc. When en banc rehearing is granted, the en banc panel consists of this court’s active judges who are not disqualified and any senior judge who was a member of the hearing panel, unless he or she elects not to sit.

(E) Effect of rehearing en banc. The grant of rehearing en banc vacates the judgment, stays the mandate, and restores the case on the docket as a pending appeal. The panel decision is not vacated unless the court so orders.

(F) Matters not considered en banc. The en banc court does not consider procedural and interim orders. These include, but are not limited to, stay orders; injunctions pending appeal; and denials of appointment of counsel, leave to appeal in forma pauperis, and leave to appeal from a nonfinal order. En banc requests from these rulings are referred to the judge or panel that entered the order, in the same manner as a petition for panel rehearing.