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Rehearing En Banc

Draft En Banc Rehearing Petitions in Minutes

12 minutes with CaseMark

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Rehearing En Banc

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Rehearing En Banc

Overview

CaseMark's Rehearing En Banc skill drafts complete petitions for full appellate court reconsideration under FRAP 35 or state equivalents. The AI performs threshold analysis to identify the strongest grounds—whether precedent conflict or exceptional importance—and produces a structured, citation-rich petition with all required certifications and formatting.

Petitions for rehearing en banc are among the most demanding appellate filings. Attorneys must identify genuine precedent conflicts or questions of exceptional importance—not merely panel error—within an extremely tight and non-extendable deadline. Manually researching conflicting authority, structuring the threshold analysis, and ensuring compliance with circuit-specific formatting and certification requirements consumes critical hours that could be spent on substantive argumentation.

CaseMark automates the heavy lifting of en banc petition drafting by analyzing panel opinions against conflicting authority, performing threshold analysis under FRAP 35(a), and generating a fully structured petition with proper formatting and certifications. Attorneys receive a polished first draft in minutes, allowing them to concentrate on refining their strongest arguments within the narrow filing window.

How it works

  1. 1. Upload the panel opinion, prior briefs, and conflicting authority

  2. 2. AI performs threshold analysis to identify the strongest FRAP 35(a) grounds

  3. 3. Review the drafted petition with structured argument, citations, and certifications

  4. 4. Export the final petition in your preferred format (DOCX, PDF)

What you get

  • Threshold Analysis Memorandum

  • Caption and Formatting Block

  • Introduction with FRAP 35(a) Ground Identification

  • Statement of the Case

  • Issues Presented

  • Argument Section with Precedent Conflict or Exceptional Importance Analysis

  • Required Certifications and Proof of Service

What it handles

  • Threshold analysis identifying FRAP 35(a) grounds for precedent conflict or exceptional importance

  • Side-by-side conflicting authority comparison with pinpoint citations

  • Structured petition with caption, introduction, statement of the case, and issues presented

  • Automatic enforcement of word limits and court-specific formatting requirements

  • Required certifications and proof-of-service language included

  • Discrete yes/no issue framing to highlight circuit splits or controlling authority conflicts

Required documents

  • Panel Opinion

    The appellate panel's opinion, including any concurrences or dissents

    .pdf, .docx

  • Prior Appellate Briefs

    Previously filed appellate briefs and relevant record excerpts from the case

    .pdf, .docx

  • Conflicting Authority

    Supreme Court, circuit, or intra-circuit decisions that conflict with the panel holding

    .pdf, .docx

Supporting documents

  • Local Court Rules

    Circuit or state-specific local rules governing en banc petition formatting, word limits, and certifications

    .pdf, .docx

  • Amicus or Supporting Materials

    Any amicus briefs or supplemental materials demonstrating the broader impact of the legal question

    .pdf, .docx

Why teams use it

Rapidly identifies and articulates FRAP 35(a) grounds with precision, saving hours of manual research and drafting

Constructs compelling side-by-side precedent conflict analyses that clearly demonstrate circuit splits

Enforces strict word limits, formatting rules, and certification requirements to prevent procedural deficiencies

Frees attorneys to focus on strategic argumentation within the non-extendable 14-day filing window

Questions

Does CaseMark handle both federal FRAP 35 and state en banc procedures?

Yes. CaseMark drafts petitions under FRAP 35 for federal circuits and adapts to state equivalents. Provide your jurisdiction's local rules and the AI will adjust formatting, word limits, and certification requirements accordingly.

How does the AI determine whether my case qualifies for en banc review?

CaseMark performs a threshold analysis by comparing the panel opinion against the conflicting authority you provide. It identifies whether the case presents a precedent conflict or raises a question of exceptional importance under FRAP 35(a), and flags cases where panel error alone may be insufficient.

Will the petition comply with my circuit's specific formatting and word limits?

CaseMark enforces the applicable word limits (typically 3,900 words under FRAP 35) and formats the petition according to circuit-specific requirements for margins, font, and spacing. You can also upload local rules for additional customization.

Can CaseMark identify and present circuit splits in the petition?

Absolutely. CaseMark analyzes the conflicting authority you upload and constructs side-by-side comparisons of incompatible holdings, quoting the conflicting language and framing the legal question to demonstrate a genuine split warranting en banc resolution.

How quickly can I generate a petition for rehearing en banc?

CaseMark typically generates a complete draft petition in approximately 12 minutes. Given the tight 14-day filing deadline under FRAP 35(c), this allows attorneys to focus their time on strategic refinement rather than initial drafting.

Does the output include required certifications and proof of service?

Yes. CaseMark automatically includes the certifications required by FRAP 35 and applicable local rules, including word-count certifications and proof-of-service language, so nothing is missed at filing.

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