Proposed FRAP out for comment

Proposed amendments to FRAP 35 and 40 (regarding panel rehearings and rehearings en banc) have been released for comment here.

These amendments would create length limits applicable to responses to petitions for rehearing. Under the existing rules, there are length limits applicable to petitions for rehearing,but none stated for responses to those petitions. While some courts of appeals routinely include a length limit in the order permitting the filing, and experienced practitioners understand that in the absence of such an order the length limits for the petitions themselves apply, the Committee believes that it would be good to have the length limit stated in the rules themselves.
The Committee also observed that Rule 35 (which deals with en banc determinations) uses the term “response,” while Rule 40 (which deals with panel rehearing) uses the term “answer.” The proposed amendment would change Rule 40 to make it consistent with Rule 35, with both using the term “response.”