I.O.P. 8.3: Disposition
Local Appellate Rules and Internal Operating Procedures of the Third Circuit — I.O.P. Chapter 8. Panel Rehearing
8.3.1 The author, if an active or senior judge of this court, enters an order granting panel rehearing if two members of the panel vote for panel rehearing, and vacates the panel's opinion and the judgment entered thereon. Otherwise, the author enters the order denying panel rehearing. If the author is a visiting judge or justice, the ranking active judge of this court on the panel majority receives responses to the petition, communicates with the clerk, signs the necessary orders, and has all the administrative responsibility set forth in this I.O.P. A senior judge of this court who was the authoring judge handles all administrative responsibility on matters on which that judge has a vote but may choose to request the ranking active judge on the panel majority to undertake such administrative responsibility.
8.3.2 Any member of the panel may file an opinion sur denial of the petition for panel rehearing and direct its publication. When the panel grants a petition for rehearing and a petition for rehearing en banc is also pending, the judge who entered the order following panel rehearing notifies the active judges of the disposition, and whether the petition for rehearing is moot or if any further vote is required.