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Rule 35-5 (11th Cir. R.) Download


A petition for en banc consideration shall be bound in a white cover which is clearly labeled with the title “Petition for Rehearing (or Hearing) En Banc.” A petition for en banc consideration shall contain the following items in this sequence:
(a) a cover page as described in 11th Cir. R. 28-1(a);
(b) a Certificate of Interested Persons and Corporate Disclosure Statement as described in FRAP 26.1 and the accompanying circuit rules;
(c) where the party petitioning for en banc consideration is represented by counsel, one or both of the following statements of counsel as applicable:
I express a belief, based on a reasoned and studied professional judgment, that the panel decision is contrary to the following decision(s) of the Supreme Court of the United States or the precedents of this circuit and that consideration by the full court is necessary to secure and maintain uniformity of decisions in this court: [cite specifically the case or cases]
I express a belief, based on a reasoned and studied professional judgment, that this appeal involves one or more questions of exceptional importance: [set forth each question in one sentence]

(d) table of contents and citations;
(e) statement of the issue(s) asserted to merit en banc consideration;
(f) statement of the course of proceedings and disposition of the case;
(g) statement of any facts necessary to argument of the issues;
(h) argument and authorities. These shall concern only the issues and shall address specifically not only their merit but why they are contended to be worthy of en banc consideration;
(i) conclusion;
(j) certificate of service, if required by FRAP 25(d);
(k) a copy of the opinion sought to be reheard.

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