Fifth Circuit Court of Appeals

News & Announcements

En Banc Session

The en banc court will rehear Abraham Watkins v. Festeryga, 23-20337, and USA v. Aguilar-Torres, 23-50866, on January 22, 2025, at 9:00 a.m. The court calendar can also be accessed here: En Banc Session
Revision to Local Rules

The court has adopted the proposed change to 5TH Cir. R. 27.3 and the addition of new 5TH Cir. R. 27.3.2 concerning urgent filings. The effective date is October 31, 2024. See General Docket Order 2024-05.
Pending Changes to Federal Rules of Appellate Procedure (FRAP) 35 and 40

Absent Congressional action, on December 1, 2024, FRAP 35 (En Banc Determination) and FRAP 40 (Petition for Panel Rehearing) will be consolidated into a single rule: FRAP 40 (Panel Rehearing; En Banc Determination). To conform local practice with the FRAP changes, on December 1, the Fifth Circuit will adopt a new Rule 40 that retains current 5th Cir. R. 35 and 5th Cir. R. 40 and their respective Internal Operating Procedures but renumbers the provisions and updates internal references. See attached files.
NOTE: After the effective date, the court will continue to require separate petitions for rehearing and petitions for en banc. See new 5th Cir. R. 40.2.2.