News Focus
News Focus
icon url

Robert from yahoo bd

01/05/24 12:51 PM

#781024 RE: FOFreddie #781013

Not sure about the procedural time limits but just Google, Time limit to file Request for En Banc Hearing in the 5th Federal Circuit.

Or, time limit to file a Petition for a Writ of Certerrori
icon url

clarencebeaks21

01/05/24 2:04 PM

#781037 RE: FOFreddie #781013

My 2 cents: according to Fifth Circuit rules of appellate procedure (FRAP 35 and 40) the time for filing a petition for an en banc hearing after a panel decision is normally 14 days, however, that time may be 45 days *if one party is the US, a US agency or a US officer*.

http://www.ca5.uscourts.gov/docs/default-source/forms-and-documents---clerks-office/rules/federalrulesofappellateprocedure

So in Collins v UST, if in fact an entry of judgment was made in Dec 2023, find that exact date and add 45 days.