I.O.P. 9.3: Criteria for Rehearing En banc
Local Appellate Rules and Internal Operating Procedures of the Third Circuit — I.O.P. Chapter 9. En Banc Consideration
9.3.1 This court strictly follows the precept of Fed.R.App.P. 35(a) and Local Appellate Rule 35.4 that rehearing en banc is not favored and will not be ordered unless consideration by the full court is necessary to secure or maintain uniformity of its decisions or the proceeding involves a question of exceptional importance.
9.3.2 This court does not ordinarily grant rehearing en banc when the panel's statement of the law is correct and the controverted issue is solely the application of the law to the circumstances of the case.
9.3.3 Rehearing en banc is ordinarily not granted when the only issue presented is one of state law.