Section 11.12 Obtaining a Rehearing in the United States Court of Appeals
| Library | App Ct Prac 2015 Supp |
B. (§11.12) Obtaining a Rehearing in the United States Court of Appeals
Almost all the case work of the United States Court of Appeals is done in three-judge panels. This section concerns rehearings by the panel. Section 11.13 below concerns rehearings by the court en banc.
The pertinent rules are Federal Rule of Appellate Procedure 40 and Eighth Circuit Rule 40A.
The key point to be made on this matter is that a petition for rehearing by a panel should not be routinely filed. If counsel still insists, a petition should be filed within 14 days. Counsel should use Federal Rule of Appellate Procedure 32(a) for the format, and the petition should not exceed 15 pages. The...
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