The time to petition for rehearing in courts of appeals generally is 14 days. See Fed. R. App. P. 40(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]