US · rules
11th Cir. R. 40-6
Extraordinary Nature of Petitions for En Banc Consideration
A petition for en
banc consideration, whether upon initial hearing or rehearing, is an extraordinary procedure intended
to bring to the attention of the entire court a precedent-setting error of exceptional importance in an
appeal or other proceeding, and, with specific reference to a petition for en banc consideration upon
rehearing, is intended to bring to the attention of the entire court a panel opinion that is allegedly in
direct conflict with precedent of the Supreme Court or of this circuit. Alleged errors in a panel’s
determination of state law, or in the facts of the case (including sufficiency of the evidence), or error
asserted in the panel’s misapplication of correct precedent to the facts of the case, are matters for
rehearing before the panel but not for en banc consideration.
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- 2026-09-18
- Content hash
0ac57d470b5e272c0176f8de9cb26e6da72576afb26f676986072c4455f80d4a
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