11th Cir. R. 40-7 — Matters Not Considered En Banc: 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.
A petition for rehearing en banc tendered with respect to any of the following orders will not be considered by the court en banc, but will be referred as a motion for reconsideration to the judge or panel that entered the order sought to be reheard: (a) Administrative or interim orders, including but not limited to orders ruling on requests for the following relief: stay or injunction pending appeal; appointment of counsel; leave to appeal in forma pauperis; and, permission to appeal when an appeal is within the court’s discretion. (b) Any order dismissing an appeal that is not published including, but not limited to, dismissal for failure to prosecute or because an appeal is frivolous.
A petition for rehearing en banc tendered with respect to any of the following orders will not be considered by the court en banc, but will be referred as a motion for reconsideration to the judge or panel that entered the order sought to be reheard: (a) Administrative or interim