11th Cir. R. 40-3 — Form: the court's own rule, verbatim from UNITED STATES COURT OF APPEALS for the ELEVENTH CIRCUIT FEDERAL RULES OF APPELLATE PROCEDURE ELEVENTH CIRCUIT RULES INTERNAL OPERATING PROCEDURES (effective August 1, 2026), official PDF, sha-custodied. Court-level requirement: applies to appeals in the U.S. Court of Appeals for the Eleventh Circuit alongside the Federal Rules of Appellate Procedure.
The form of a petition for panel rehearing is governed by FRAP 32(c)(2). A petition for en banc consideration shall be bound in a white cover titled “Petition for Rehearing (or Hearing) En Banc.” A petition for en banc consideration shall contain the following items in this sequence: (a) a cover page as described in 11th Cir. R. 28-1(a); (b) where the party petitioning for en banc consideration is represented by counsel, one or both of the following statements of counsel as applicable: I express a belief, based on a reasoned and studied professional judgment, that the panel decision is contrary to the following decision(s) of the Supreme Court of the United States or the precedents of this circuit and that consideration by the full court is necessary to secure and maintain uniformity of decisions in this court: [cite specifically the case or cases] I express a belief, based on a reasoned and studied professional judgment, that this appeal involves one or more questions of exceptional importance: [set forth each question in one sentence] /s/ ATTORNEY OF RECORD FOR (c) table of contents and citations; (d) statement of the issue(s) asserted to merit en banc consideration; (e) statement of the course of proceedings and disposition of the case; (f) statement of any facts necessary to argument of the issues; (g) argument and authorities. These shall concern only the issues and shall address specifically not only their merit but why they are contended to be worthy of en banc consideration; (h) conclusion; and (i) certificate of service, if required by FRAP 25(d).
The form of a petition for panel rehearing is governed by FRAP 32(c)(2). A petition for en banc consideration shall be bound in a white cover titled “Petition for Rehearing (or Hearing) En Banc.” A petition for en banc consideration shall contain the following items in this seque