I.O.P. 9.4: Court Originated Rehearing En banc

9.4.1 If, during the circulation of draft opinions pursuant to I.O.P. 5.5.2 and 5.6, a majority of the active judges who are not disqualified, votes that the case be considered en banc, the chief judge enters an order for rehearing en banc.

9.4.2 If, during the period for circulation of draft opinions, one judge has timely voted for rehearing, another judge may obtain an extension of time to consider en banc rehearing by circulating a letter asking that the time for voting be extended for a period not to exceed 5 working days beyond the 8 day (10 day in August) time period. This request results in an automatic extension. Irrespective of the number of such requests, the voting time automatically is extended this one period only, unless the chief judge, upon application, grants a further extension of time. In death penalty cases, the times set forth herein may be reduced pursuant to Local Appellate Rule Misc. 111.7(b).

9.4.3 During the circulation of draft opinions, a judge who does not desire rehearing or who has no comment is not expected to respond. The active judge who has written a dissenting opinion is presumed to have voted for rehearing en banc absent a notification in writing to the contrary.