US · rules
9th Cir. R. 40-1
FORMAT; NUMBER OF COPIES
(a) Cover
The cover of a petition for rehearing filed under FRAP 40 must state whether the petition
seeks panel rehearing, rehearing en banc, or both. (New 12/1/24)
(b) Format/Length of Petition and Response
The format of a petition and any response is governed by FRAP 32(c)(2). The petition
may not exceed 15 pages unless it complies with the alternative length limitation of 4,200
words. A response, when ordered by the Court, must comply with the same length limits
as the petition.
If an unrepresented litigant elected to file a form brief pursuant to Circuit Rule 28-1, the
petition need not comply with FRAP 32.
The petition or response must be accompanied by the completed certificate of compliance
found at Form 11. (New 7/1/00; Rev. 12/1/16; Rev. 12/1/21; Rev. 12/1/24)
(c) Number of Copies
If the petition is not required to be filed electronically, an original shall be filed. (Rev.
12/1/09)
(d) Copy of Panel Decision
The petition shall be accompanied by a copy of the panel’s order, memorandum
disposition or opinion being challenged. (New 7/1/06; Rev. 12/1/24)
Cross Reference:
• FRAP 32. Form of Briefs, Appendices, and Other Papers on page 137, specifically, FRAP
32(c)(2)
• Circuit Rule 28-1. Briefs, Applicable Rules on page 112
History
CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 40 -1 A petition for rehearing or rehearing en banc of a non-dispositive order must be filed within the time limits set forth in Circuit Rule 27-10(a)(2). FRAP 40 Litigants are reminded that a petition for panel rehearing and/or rehearing en banc must be received by the Clerk in San Francisco on the due date. See FRAP 25(a)(1) and (2)(A) and Circuit Rule 25-2; see also United States v. James, 146 F.3d 1183 (9th Cir. 1998). (Rev. 12/1/02; 12/1/09; 1/1/12; 12/1/24; 12/1/25)
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- 2026-09-18
- Content hash
09eaa1e3889e7fa954b86287cb3a4f8db03a928c50b1fc0d6e8b6e3737c54a3c
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