Entity: Federal Rule of Appellate Procedure 40(c)
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Federal Rule of Appellate Procedure 40(c)

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Federal Rule of Appellate Procedure 40(c) permits an en banc rehearing of a federal appeals court case when a majority of the active, nonrecused judges vote to rehear the case.
October 06, 2025 high legal
Rule governing when a federal appellate case may be reheard by the full (or limited en banc) court.