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Rule 40. Petition for Panel Rehearing
Time to File; Contents; Answer; Action by the Court if Granted.
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, unless an order shortens or extends the time, the petition may be filed by any party within 45 days after entry of judgment if one of the parties is:
a United States agency;
a United States officer or employee sued in an official capacity; or
a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States’ behalf—including all instances in which the United States represents that person when the court of appeals’ judgment is entered or files the petition for that person.
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.
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.
Action by the Court. If a petition for panel rehearing is granted, the court may do any of the following:
make a final disposition of the case without reargument;
restore the case to the calendar for reargument or resubmission; or
issue any other appropriate order.
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.
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