When may a party respond to a Florida rehearing en banc motion?

Identify an actual district court of appeal rehearing en banc motion rather than a request for an initial hearing en banc.

Establish actual motion service and its method.

Check the asserted permitted grounds, required attorney statement and actual court directions.

1. Identify an actual district court of appeal rehearing en banc motion rather than a request for an initial hearing en banc.
2. Rule 9.420(e) incorporates Rule 2.514(a). Exclude the established event. For seven days or longer, begin with the next day that is not Saturday, Sunday or a legal holiday. Count intermediate calendar days. For fewer than seven days, omit intermediate Saturdays, Sundays and legal holidays. Do not treat a seven-day period as seven business days.
3. Check the observed statutory holidays, actual clerk calendar and chief-justice directions.
4. Complete the required act with the proper court or recipient.

Apply the observed New Year’s Day, Martin Luther King Jr. birthday, Memorial Day, Independence Day, Labor Day, Veterans’ Day, Thanksgiving Day, Friday after Thanksgiving and Christmas Day holidays. Section 110.117 observes Saturday holidays on the preceding Friday and Sunday holidays on the following Monday. Rule 2.514 also includes clerk-observed holidays and days designated by the chief justice or chief judge. An ineligible final day moves in the counting direction. The bundled Florida calendar covers 2026 through 2028. Verify additional closures and chief-justice extensions separately.

Fictitious example

Fictitious facts. A DCA rehearing en banc motion on the stated grounds is actually served electronically without a different controlling direction. The independently established event is August 2, 2027. No additional holiday, mail-only addition, tolling or different order applies.

Fictitious facts. Establish the stated procedure and actual event separately. No mail-only addition, further clerk holiday, tolling motion, chief-justice extension or different actual court order is assumed.

Only exceptional importance or uniformity supports the motion

Rule 9.331(d)(1) restricts a party’s rehearing en banc motion to exceptional importance or maintaining uniformity in the court’s decisions. A motion on another ground must be stricken.

An attorney-filed motion requires its professional-judgment statement

Rule 9.331(d)(2) requires the prescribed reasoned and studied professional-judgment statement concerning exceptional importance or specifically identified contrary decisions of that court. It describes rehearing en banc as extraordinary.

A party cannot request an initial hearing en banc

Rule 9.331(c) permits an initial hearing en banc only on the district court’s own motion and requires a party’s motion seeking it to be stricken. Rehearing en banc is a different act.

Motion service does not guarantee a vote

Rule 9.331(d)(1) permits a vote only when requested by a panel judge or a judge in regular active service. Judges outside the panel have no obligation to consider the motion absent a requested vote.

Mail-only service needs its separately computed addition

Rule 2.514(b) gives a party five additional days after the otherwise computed expiration when the prescribed act runs from service made only by mail. This calculator covers the established ordinary service branch without that addition. Email and portal service do not automatically receive it.

• This page does not establish appealability, jurisdiction, disputed facts, sufficiency or an extension.
• Check the governing historical edition, actual motions, orders, clerk holidays and filing receipts.

• Identify an actual district court of appeal rehearing en banc motion rather than a request for an initial hearing en banc.
• Establish actual motion service and its method.
• Check the asserted permitted grounds, required attorney statement and actual court directions.
• Rule 9.331(d)(1) restricts a party’s rehearing en banc motion to exceptional importance or maintaining uniformity in the court’s decisions. A motion on another ground must be stricken.
• Rule 9.331(d)(2) requires the prescribed reasoned and studied professional-judgment statement concerning exceptional importance or specifically identified contrary decisions of that court. It describes rehearing en banc as extraordinary.
• Rule 9.331(c) permits an initial hearing en banc only on the district court’s own motion and requires a party’s motion seeking it to be stricken. Rehearing en banc is a different act.
• Rule 9.331(d)(1) permits a vote only when requested by a panel judge or a judge in regular active service. Judges outside the panel have no obligation to consider the motion absent a requested vote.
• Rule 2.514(b) gives a party five additional days after the otherwise computed expiration when the prescribed act runs from service made only by mail. This calculator covers the established ordinary service branch without that addition. Email and portal service do not automatically receive it.
• Serve the response within the applicable period and complete required filing with the district court of appeal. Preserve actual motion service, the relevant decision, response receipts and any court directions. Identify the proper clerk and complete filing and service as separate acts. Rule 9.420(a) incorporates Rule 2.525. Attorneys ordinarily file through the portal or designated electronic facility. An eligible unrepresented party may elect electronic filing; prescribed paper exceptions remain. Preserve the successful portal or clerk filing timestamp under Rule 2.525(e). Unless another controlling time applies, Rule 2.514(a)(4) sets 11:59:59 p.m. Eastern Time for electronic filing or service by any means, and scheduled clerk closing for nonelectronic filing. Rule 9.420(a)(2) separately addresses qualifying unrepresented inmate filings and their proof. This calculator does not establish successful submission, sufficiency, a tolling motion or permission to extend a jurisdictional period. Rule 9.420(b)–(d) incorporates Rule 2.516 service and proof. Portal service is complete on filing for listed recipients, subject to promptly serving a recipient known not to have received the document. Email service is complete when sent. Permitted paper mail service is complete on mailing; delivery is complete on delivery. Rule 2.514(b) adds five days after the otherwise computed expiration only when the act is measured after service and service was made only by mail. Email or portal service does not automatically add five days. A filing-based or rendition-based period does not gain five days because another document was mailed. Establish the actual applicable service before choosing a service-based period.