5th Cir. R. 40.1 — Panel Rehearing

High confidence· verified September 26, 2026Local Rules

Summary

5th Cir. R. 40.1 — Panel Rehearing: the court's own rule, verbatim from RULES and INTERNAL OPERATING PROCEDURES OF THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT (December 2025), official PDF, sha-custodied. Court-level requirement: applies to appeals in the U.S. Court of Appeals for the Fifth Circuit alongside the Federal Rules of Appellate Procedure.

Requirement

The court requires separate petitions for Panel and En Banc Review. 40.1.1 Copies. Four copies of all petitions for rehearing will be filed. A party seeking panel rehearing must attach to the petition an unmarked copy of the opinion or order sought to be reviewed. If the party contemporaneously files a petition for rehearing en banc and attaches a copy of the opinion or order required by 5TH CIR. R. 40.2.2.10, the party does not have to attach a copy to the petition for panel rehearing. 40.1.2 Limited Nature of Petition for Panel Rehearing. A petition for rehearing is intended to bring to the attention of the panel claimed errors of fact or law in the opinion. It is not used for reargument of the issue previously presented or to attack the court's well-settled summary calendar procedures. Petitions for rehearing of panel decisions are reviewed by panel members only. 40.1.3 Length. See FED. R. APP. P. 40(d)(3) . 40.1.4 Time for Filing. The clerk must receive a petition for rehearing within the time prescribed in FED. R. APP. P. 40(d)(1).

Source of truth

The court requires separate petitions for Panel and En Banc Review. 40.1.1 Copies. Four copies of all petitions for rehearing will be filed. A party seeking panel rehearing must attach to the petition an unmarked copy of the opinion or order sought to be reviewed. If the party co

Official source: U.S. Court of Appeals — Fifth Circuit (Rules & Procedures)
Source health: Healthy · checked October 4, 2026
Effective date: —
Last verified: September 26, 2026benchpath-appfed-rules-2026-09-25

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