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Petition for Rehearing En Banc

Draft En Banc Petitions in Minutes, Not Days

25 minutes with CaseMark

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Petition for Rehearing En Banc

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Workflow

Petition for Rehearing En Banc

Overview

Drafting a Petition for Rehearing En Banc requires extensive legal research across circuits, careful analysis of precedent conflicts, and meticulous compliance with strict procedural rules and word limits. Attorneys typically spend 6-8 hours researching circuit splits, crafting persuasive arguments for exceptional review, and ensuring technical compliance with Federal Rules of Appellate Procedure.

Petitions for rehearing en banc demand extraordinary precision—identifying precedent conflicts, demonstrating exceptional importance, and meeting strict 14-day deadlines while adhering to complex formatting rules. With grant rates below 1% in most circuits, attorneys spend 15-20 hours crafting these high-stakes documents, often under intense time pressure after an adverse panel decision.

CaseMark analyzes your panel opinion and case materials to identify the strongest grounds for en banc review, whether precedent conflicts or exceptional importance. Our AI drafts a comprehensive, court-ready petition that meets Rule 35 standards, includes precise legal citations, and complies with your circuit's specific formatting requirements—all in minutes instead of days.

How it works

  1. 1. Upload your documents

  2. 2. AI analyzes and extracts key information

  3. 3. Review and customize the generated content

  4. 4. Export in your preferred format (DOCX, PDF)

What you get

  • Caption

  • Introduction

  • Statement of the Case

  • Statement of the Issues

  • Argument

  • Conclusion

  • Certificate of Compliance

  • Certificate of Service

  • Signature Block

What it handles

  • Caption

  • Introduction

  • Statement of the Case

  • Statement of the Issues

  • Argument

  • Conclusion

  • Certificate of Compliance

  • Certificate of Service

  • Signature Block

Required documents

  • Panel Opinion

    The appellate panel decision being challenged, including any concurring or dissenting opinions

    PDF, DOCX

  • Prior Appellate Briefs

    Opening, response, and reply briefs filed with the appellate panel

    PDF, DOCX

Supporting documents

  • Trial Court Record

    Key trial court decisions, orders, and findings relevant to the appellate issues

    PDF, DOCX

  • Conflicting Precedent

    Supreme Court or circuit decisions that conflict with the panel opinion

    PDF, DOCX

  • Oral Argument Transcript

    Transcript of oral argument before the appellate panel

    PDF, DOCX, TXT

  • Amicus Briefs

    Third-party briefs demonstrating broader significance of the legal issues

    PDF, DOCX

Why teams use it

Automated circuit split analysis identifies conflicting precedents across federal circuits instantly

AI-powered legal research finds and cites relevant Supreme Court and circuit decisions from verified sources

Built-in compliance verification ensures adherence to word limits, formatting rules, and FRAP requirements

Generates complete petition structure with all required certificates and procedural components

Reduces petition drafting time from 6+ hours to under 15 minutes while maintaining quality

Questions

What are the grounds for filing a petition for rehearing en banc?

Under Federal Rule of Appellate Procedure 35, en banc review is warranted when a proceeding involves a question of exceptional importance or when the panel decision conflicts with Supreme Court or circuit precedent. Exceptional importance typically means the decision affects a significant class of litigants, resolves important statutory interpretation questions, or addresses recurring legal issues. Mere panel error, even if clear, does not justify en banc review without meeting these threshold standards.

How quickly can CaseMark generate an en banc petition?

CaseMark produces a comprehensive, court-ready petition for rehearing en banc in approximately 25 minutes after you upload your panel opinion and case materials. This includes analyzing precedent conflicts, identifying exceptional importance arguments, drafting all required sections with proper citations, and formatting according to your circuit's local rules. The traditional manual process typically requires 15-20 hours of attorney time.

Does the petition comply with specific circuit court formatting rules?

Yes, CaseMark generates petitions that comply with Federal Rule of Appellate Procedure 35 and circuit-specific local rules, including word/page limits (typically 15 pages or 3,900 words), typeface requirements, margin specifications, and required certificates. The system formats captions, headings, and citations according to your jurisdiction's standards and includes accurate certificates of compliance and service.

What is the success rate for en banc petitions?

En banc petitions face extremely high bars, with most federal circuits granting rehearing in less than 1% of cases. Success requires demonstrating clear precedent conflicts or truly exceptional importance that transcends individual case outcomes. CaseMark helps maximize your chances by identifying the strongest possible grounds, framing issues to highlight circuit splits or broad significance, and ensuring your petition meets all threshold requirements that judges consider when voting on whether to grant rehearing.

Can I use this for state appellate court en banc petitions?

Yes, while CaseMark is optimized for federal circuit practice under FRAP 35, it can generate petitions for state appellate courts with similar en banc or rehearing procedures. State courts may have different deadlines (ranging from 14-30 days), varying standards for granting rehearing, and distinct formatting requirements. You can customize the output to match your state's specific rules and procedural standards.

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