And here is the process for an en banc review at the Ninth Circuit:
Quote:
What happens in the Ninth Circuit after an en banc petition is filed is
not so simple as filing the petition. Indeed, the court employs an en banc
coordinator specifically to oversee the process. First, the petition is
circulated to all active judges. No vote on the petition is even taken unless
a judge requests one. If, while the petition is circulating, the three-judge
panel on its own grants rehearing, then the petition for rehearing en banc is
deemed rejected without prejudice. If not, any judge may still request that
the three-judge panel make known its recommendation as to granting
rehearing en banc. In addition, because strict internal time limits govern en
banc requests, any judge can “stop the clock” for a period of time to
consider whether to request a vote on the en banc petition. Internal
memoranda may then circulate among the judges. If a vote is taken, it
requires a majority of sitting active judges (there are twenty-seven right
now, so a majority would be fourteen), to grant rehearing en banc.
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Couldn't find anything on time though.