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Old January 8, 2013, 02:26 PM   #334
esqappellate
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Join Date: October 16, 2012
Posts: 69
As noted above, the internal rules of the 7th Circuit give a judge 14 days to ask for an answer to the petition. If there is no request for an answer or no request for a vote in 14 days, the panel can deny the en banc petition. If an answer is ordered, the court will set the time for that filing, generally 14 days but that can vary. It could be longer than 14 days. If the request for answer is made on the 14th day and the winner has 14 days to file, the court has another 14 days to consider the answer and call for a vote. If the vote grants en banc rehearing, that is immediately released and acts to vacate the panel's decision. So it could be 14 + 14 + 14 plus time to allow for distribution of the petition and distribution of the answer to the full court.

EDit; A judge is supposed to request a vote within 10 days of the distribution of the answer:
See Rule 5(a): (a) Request for Answer and Subsequent Request for Vote. If a petition for rehearing en banc is filed, a request for an answer (which may be made by any Seventh Circuit judge in regular active service or by any member of the panel that rendered the decision sought to be reheard) must be made within 14 days after the distribution of the en banc petition. If an answer is requested, the clerk shall notify the prevailing party that an answer be filed within 14 days from the date of the court's request. Within 10 days of the distribution of the answer, any judge entitled to request an answer, may request a vote on the petition for rehearing en banc.

Last edited by esqappellate; January 8, 2013 at 07:13 PM.
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