Ninth Circuit Rules
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Ninth Circuit Rules |
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FRAP 40
PETITION FOR PANEL REHEARING
(a) Time to File; Contents; Answer; Action by the Court if Granted.
(1) Time. Unless the time is shortened or extended by order or local rule, a petition for panel rehearing may be filed within 14 days after entry of judgment. But in a civil case, if the United States or its officer or agency is a party, the time within which any party may seek rehearing is 45 days after entry of judgment, unless an order shortens or extends the time.
(2) Contents. The petition must state with particularity each point of law or fact that the petitioner believes the court has overlooked or misapprehended and must argue in support of the petition. Oral argument is not permitted.
(3) Answer. Unless the court requests, no answer to a petition for panel rehearing is permitted. But ordinarily rehearing will not be granted in the absence of such a request.
(4) Action by the Court. If a petition for panel rehearing is granted, the court may do any of the following:
(A) make a final disposition of the case without reargument;
(B) restore the case to the calendar for reargument or resubmission; or
(C) issue any other appropriate order.
(b) Form of Petition; Length. The petition must comply in form with Rule 32. Copies must be served and filed as Rule 31 prescribes. Unless the court permits or a local rule provides otherwise, a petition for panel rehearing must not exceed 15 pages.
FORMAT; NUMBER OF COPIES
[Previous text abrogated 1/1/99]
(A) Format/Length of Petition and Answer. The format of a petition for panel rehearing or rehearing en banc and any answer shall be governed by Federal Rule of Appellate Procedure 32(c)(2). The petition shall not exceed 15 pages unless it complies with the alternative length limitations of 4,200 words or 390 lines of text. An answer, when ordered by the Court, shall comply with the same length limitations as the petition.
If an unrepresented litigant elects to file a form brief pursuant to Circuit Rule 28-1, a petition for panel rehearing or for rehearing en banc need not comply with Federal Rule of Appellate Procedure 32.
The petition or answer must be accompanied by the completed certificate of compliance found at Form 11. (New Rule 7/1/2000 - Section A, above.)
CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 40-1
Litigants are reminded that a petition for rehearing en banc must be received by the clerk in San Francisco on the due date. See Federal Rule of Appellate Procedure 25(a)(1) and (2)(A) and Circuit Rule 25-2; see also, United States v. James, 146 F.3d 1183 (9th Cir. 1998). Pursuant to General Order 6.3a, the clerk may grant (1) upon motion or sua sponte, an extension of time of no more than seven (7) calendar days in all cases subject to the 14-day filing period and (2) upon motion, an extension of time of no more than thirty (30) days in direct criminal appeals.
PUBLICATION OF PREVIOUSLY UNPUBLISHED DISPOSITION
An order to publish a previously unpublished memorandum disposition in accordance with Circuit Rule 36-4 extends the time to file a petition for rehearing to 14 days after the date of the order of publication or, in all civil cases in which the United States or an agency or officer thereof is a party, 45 days after the date of the order of publication. If the mandate has issued, the petition for rehearing shall be accompanied by a motion to recall the mandate. (rev. 1/96)