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esqappellate · February 21, 2014, 08:20 PM

Not over yet. General Order 5.8 of the 9th Circuit can still be involved by a judge acting sua sponte:

b. Sua Sponte Calls
If no petition for rehearing en banc before the full court is filed, any judge may, within seven days after the date such petition was due, request a vote on whether the case should be reheard by the full court. This request shall be accompanied by a memorandum in support of full court consideration. Thereafter, the provisions of this chapter relating to petitions for rehearing en banc of three-judge panel cases shall apply.

February 21, 2014, 08:20 PM	#164
esqappellate Member Join Date: October 16, 2012 Posts: 69	Not over yet. General Order 5.8 of the 9th Circuit can still be involved by a judge acting sua sponte: b. Sua Sponte Calls If no petition for rehearing en banc before the full court is filed, any judge may, within seven days after the date such petition was due, request a vote on whether the case should be reheard by the full court. This request shall be accompanied by a memorandum in support of full court consideration. Thereafter, the provisions of this chapter relating to petitions for rehearing en banc of three-judge panel cases shall apply.