2d Cir. Local Rule 40.1 — Panel Rehearing Procedure
A published court requirement that applies in New York. Category: Local Rules. Verified against the official source (2d Cir. — Local Rules and Internal Operating Procedures (U.S. Court of Appeals for the Second Circuit)) on November 3, 2026.
Summary
2d Cir. Local Rule 40.1 — Panel Rehearing Procedure: the court's own rule, verbatim from the rule's own page on the court's site (read 2026-11-03; the page sha-custodied). Court-level requirement: applies in every appeal and proceeding before the U.S. Court of Appeals for the Second Circuit, alongside the Federal Rules of Appellate Procedure.
Requirement
Local Rule 40.1. Panel and En Banc Rehearing Procedure (a) Form of Petition. If a party is simultaneously filing a petition for panel rehearing and a petition for rehearing en banc, both requests must be made in a single document. (b) Time to File in a Direct Criminal Appeal. A petition for rehearing may be filed within 45 days after entry of judgment. (c) Copy of Opinion or Summary Order Required. A petition for rehearing must include a copy of the opinion or summary order to which the petition relates, and must not include any other documents. (d) Number of Paper Copies. If a petition for only panel rehearing exceeds 50 pages, the petitioner must submit 3 paper copies of the petition to the clerk's office. If a petition for only en banc rehearing or a single petition for panel and en banc rehearing is filed, regardless of the petition's length, the petitioner must submit the 15 paper copies. (e) Procedure After Amendment of Court Ruling. If the court substantively amends its opinion or summary order, a petition (or an amended petition) for panel rehearing may be filed within the times specified by FRAP 40(d)(1) or, if in a direct criminal appeal by L.R. 40.1(b) above, counted from the date of filing of the amended opinion or order. A petition for rehearing filed before amendment of the court's ruling may, but need not, be amended. (f) Sanctions. The court may, after affording notice and an opportunity to be heard, impose sanctions against a party that files a frivolous petition for panel rehearing. Last modified on 10/29/2026
Source of truth
Local Rule 40.1. Panel and En Banc Rehearing Procedure (a) Form of Petition. If a party is simultaneously filing a petition for panel rehearing and a petition for rehearing en banc, both requests must be made in a single document. (b) Time to File in a Direct Criminal Appeal. A p
- Official source
- 2d Cir. — Local Rules and Internal Operating Procedures (U.S. Court of Appeals for the Second Circuit)
- Source health
- Healthy · checked November 14, 2026
- Effective date
- —
- Last verified
- November 3, 2026benchpath-nyfed-rules-2026-11-03
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