L.A.R. 35.4: Caution
Local Appellate Rules and Internal Operating Procedures of the Third Circuit — L.A.R. 35.0 Determination of Causes by the Court En Banc
As noted in FRAP 35, en banc hearing or rehearing of appeals is not favored. Counsel have a duty to the court commensurate with that owed their clients to read with attention and observe with restraint the required statement for rehearing en banc set forth in 3d Cir. L.A.R. 35.1. Counsel are reminded that in every case the duty of counsel is fully discharged without filing a petition for rehearing en banc unless the case meets the rigorous requirements of FRAP 35 and 3d Cir. L.A.R. 35.1.
Notes
New provision in 1995. This rule is modeled after U.S. Ct. of App. 5th Cir. Rule 35 (1991). The purpose of the rule is to emphasize that the court does not favor requests for hearing or rehearing en banc, and to discourage inappropriate requests from being made.