Fed. R. App. P. 40 provides the government (and all other parties in cases involving the government) 45 days in which to seek rehearing in a civil case. Since the time was extended to 45 days in a civil case from the former 14-day period in order to accommodate the government's need for extra time to make appeal decisions, extensions of the 45-day period should not be sought without good cause and consultation with the appropriate division in the Department. The government generally has only 14 days to seek rehearing in a criminal case. See Fed. App. (a)(1); But see 11th Cir. R. 40-3 (a petition for rehearing must be filed within 21 days of entry of judgment in non-civil appeals); D.C. Cir. R. 35 (in all cases in which the United States is a party, the time within which any party may seek panel rehearing or rehearing en banc is 45 days after entry of judgment). If the United States attorney seeks to petition for rehearing en banc, a 30-day extension beyond the 14-day period should be requested in order for the request to be considered in the Department and for the Solicitor General to authorize a petition for rehearing en banc. See Fed. R. App. P. 26(b); 35; 40(a). Circuits differ in how quickly they rule on extension requests and how likely they are to grant such extensions.

[updated July 2018]