When is a federal appellate petition for rehearing due?

Rule 40(d)(1) starts the period from entry of judgment in the court of appeals. The district-court judgment and the date someone reads the appellate opinion are different events.

If the panel later amends its decision, whether on rehearing or otherwise, Rule 40(d)(1) uses entry of the amended decision. Establish that event before supplying the date.

The 45-day branch applies only in a civil case with a listed federal party. The categories include the United States, an agency, an officer or employee sued officially, and qualifying current or former officers or employees sued individually for federal-duty acts or omissions. The individual-capacity category includes United States representation when the appellate judgment is entered or its filing the petition for that person.

The 14-day default can be shortened or extended by an order or local rule. The 45-day civil provision expressly yields to an order shortening or extending time. Check the governing court requirements rather than assuming either default overrides an order.

1. Use the court of appeals’ judgment entry. If the panel later amended its decision, use entry of that amended decision under Rule 40(d)(1).
2. Exclude the verified entry date.
3. Count the calendar days for the selected branch.
4. A final Saturday, Sunday or legal holiday carries the period to the next day that is not. For periods after an event, check state holidays where the district court rendering the challenged judgment or the circuit clerk’s principal office is located.

Choose the branch before counting. This calculator uses the supplied entry date. It does not read a docket, identify qualifying parties, infer a motion’s effect or grant an extension.

Fictitious example

Appellate judgment entered August 3, 2026. The default 14-day branch applies. Independent arithmetic excludes August 3 and adds 14 calendar days. August 17 is a Monday.

Fictitious dates. No additional state holiday, clerk inaccessibility or different court order is assumed.

Qualifying federal party in a civil case

Rule 40(d)(1) gives any party 45 days in a qualifying civil case, subject to an order changing time. The presence of the United States in a criminal appeal does not create this civil branch.

Later amended decision

Rule 40(d)(1) expressly uses entry of the amended decision if the panel later amends. A separately established amended entry can therefore change the date supplied to this calculator.

Court order or local rule

Check Rule 40(d)(1)’s default-period qualifications and the applicable court requirements. Rule 26(b) permits an extension for good cause; filing or requesting relief does not mean the court granted it.

Seeking both forms of rehearing

Under Rule 40(a), a party seeking panel and en banc rehearing must use a single document unless a local rule provides otherwise. Two requests do not create two successive default filing periods.

Initial hearing en banc

Rule 40(g) uses a different deadline for a petition seeking initial hearing en banc, no later than the principal-brief due date. This is not the post-decision rehearing calculation.

• The calculator does not decide whether the petition satisfies panel or en banc criteria, identify a qualifying federal party or read local rules and orders.
• This page does not compute a mandate, certiorari deadline, response deadline or initial-hearing-en-banc deadline.

• Confirm the court of appeals’ judgment entry and any later amended-decision entry.
• Identify whether the proceeding is civil and whether a party meets Rule 40(d)(1)’s federal categories.
• Check the local rules and any order setting a different filing period.
• For panel rehearing, identify the points of law or fact allegedly overlooked or misapprehended under Rule 40(b)(1).
• For en banc rehearing, address a listed criterion under Rule 40(b)(2). Combine both requests unless a local rule permits otherwise.
• Check Rule 40(d)(2) and (3) for form, service, copies and the default 3,900-word or 15-page limit.
• Do not file a response unless the court requests one under Rule 40(d)(4).
• File with the court of appeals. Unless another cutoff applies, Rule 26(a)(4)(B) ends electronic filing at midnight in the time zone of the circuit clerk’s principal office. Other filing means ordinarily require receipt by scheduled clerk closing. Check permitted methods and actual court instructions.