Filing Your Appeal - Pro Se - Rehearing

Once this court has issued its order or judgment deciding the outcome of the appeal, the decision is generally final.  A party unhappy with a final decision of this court may file a petition for rehearing with the panel, giving reasons why the panel’s decision should be reconsidered.  The rule governing rehearing petitions and their timing is Fed. R. App. P. 40.  In cases of exceptional public importance or if a panel decision conflicts with a prior decision of this court or the United States Supreme Court, a party may file a rehearing petition that seeks review by the entire court.  This is called a petition for rehearing en banc.  Litigants must bear in mind that rehearing en banc is an extraordinary procedure and if the court finds the petition frivolous, the filing party may be ordered to pay a money penalty of up to $500.00.