When must an amicus supporting rehearing file its brief?

Read the circuit’s current local rehearing rule and case orders before selecting the national default.

Establish actual filing of the petition for panel rehearing or rehearing en banc.

Confirm that the amicus supports the petition rather than opposing it.

Establish required court leave. Party consent alone is not Rule 29(b)(2) permission for a nongovernmental amicus.

1. Verify the filing event and scoped procedure.
2. Exclude the actual filing day.
3. Count seven calendar days.
4. Check the final-day calendar, inaccessibility and applicable directions.

Exclude the verified filing day and count every calendar day under FRAP 26(a)(1). If the final day is Saturday, Sunday or a legal holiday, carry to the next open day. Read actual orders and inaccessibility notices separately.

FRAP 26(a)(6) includes the listed federal holidays, holidays declared by the President or Congress, and for a period after an event, additional state holidays where the challenged district court or circuit clerk’s principal office is located. Check the actual court and state calendars. The national calculator does not infer additional holidays, inaccessibility or granted relief.

These scoped clocks run from filing rather than service. A service-dependent FRAP 26(c) addition does not attach merely because a copy was served.

Fictitious example

In a fictitious scoped appeal, the rehearing petition is filed on July 6, 2026. Exclude July 6 and count seven calendar days. The final Monday is assumed open, with no additional state holiday, inaccessibility or different direction.

Fictitious dates. Assume the stated default applies and no extra holiday, inaccessibility or different direction. A calculated date does not establish permission or accepted filing.

Local rule or case order

Rule 29(b)(1) applies its national rehearing procedures unless a local rule or case order provides otherwise.

Rehearing permission differs

Rule 29(b)(2) exempts the United States, its officer or agency, and a state from consent or leave. Any other amicus needs court leave. The merits all-parties-consent alternative does not apply.

Motion, content and word limit

Rule 29(b)(3) applies the Rule 29(a)(3) motion requirements. Rule 29(b)(4) applies Rule 29(a)(4) contents and imposes a 2,600-word maximum.

Neutral or opposing rehearing brief

Rule 29(b)(5) also uses petition filing for an amicus supporting neither party. An opposing amicus must file no later than the court-set response date. Include a filing motion when necessary.

• This guide does not infer consent, grant leave, identify a court-set date or establish electronic or paper filing acceptance.
• Check the circuit’s current local rules, actual orders and the specific appeal route.

• Read local rehearing rules and case orders first.
• Verify petition filing and the supporting role.
• Obtain required court leave and include the necessary motion.
• Check Rule 29(a)(4) contents and the 2,600-word rehearing maximum.
• File and serve the papers. Use the court response date separately for any opposing brief.
• FRAP 26(a)(4)(B) uses midnight in the circuit clerk’s principal-office time zone for electronic circuit filing. Ordinary paper filing requires clerk receipt and ends at scheduled office closure. Rule 25(a)(2)(A)(ii) separately permits timely dispatch of a nonelectronic brief by qualifying prepaid mail or a commercial carrier for delivery within three days. This exception does not automatically cover a separate leave motion or representation statement. Represented persons ordinarily file electronically. Confirm local directions, actual permission for paper filing, separate service and any inaccessibility.