Section 11.13 United States Court of Appeals Rehearings En Banc
| Library | App Ct Prac 2015 Supp |
C. (§11.13) United States Court of Appeals Rehearings En Banc
The statutory authority for en banc hearings is contained in 28 U.S.C. § 46(c). The applicable rules are Federal Rule of Appellate Procedure 35 and Eighth Circuit Rule 35A.
Federal Rule of Appellate Procedure 35 explicitly states that a rehearing en banc is “not favored” and requires a question of exceptional importance or a conflict of decisions. Eighth Circuit Rule 35A provides that “the court may assess costs against counsel who files a...
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