The prior authorization of the Solicitor General (through the appropriate division of the Department) must be obtained for the filing of a petition for rehearing en banc in a court of appeals. The adverse-decision memorandum seeking en banc authorization should detail why the case satisfies Fed. R. App. P. 35(b)(1)’s requirements for en banc review. The prior authorization of the Solicitor General is not required for a petition for rehearing by the same panel which heard the case; however, such a petition should not be filed until the appellate section of the appropriate division has been notified and, where the division believes it appropriate, the Solicitor General's office has been given the opportunity to decide whether the case merits en banc review.

[updated July 2018] [cited in JM 4-10.010]