Post-Trial and Appeals
Appeals
A party may petition for rehearing en banc where the panel decision conflicts with circuit or Supreme Court precedent, or the case involves a question of exceptional importance. A majority of active judges must vote to rehear.
Grants are rare.
Alternative Names:
En Banc, Rehearing En Banc
Why it Matters?
Grant rates are very low and the petition is principally a preservation step before seeking certiorari, since the Supreme Court prefers that circuits resolve internal conflicts first. The strongest petitions identify a square conflict with a prior published decision of the same circuit, which is the ground the rules specifically contemplate. Petitions arguing only that the panel was wrong are denied uniformly.
Frequently Confused with
Related terms
Frequently asked questions
What ground is strongest?
Why petition despite low grant rates?
