Federal Rules of Appellate Procedure
Petition for panel rehearing — United States is a party
Fed. R. App. P. 40(a)(1)
In a civil case where the United States, a United States agency, or a United States officer or employee sued in an official capacity is a party, a petition for panel rehearing may be filed within 45 days after entry of judgment.
Not legal advice. Computed dates are informational only. Verify every deadline against the governing rule, your court's local rules, and the judge's standing orders.
How this deadline is computed
- Period
- 45 calendar days
- Counted
- forward
- If it lands on a non-court day
- roll forward
- Service extensions
- none
Worked example
For a triggering event on Monday, June 15, 2026 with service by personal, the deadline under Fed. R. App. P. 40(a)(1) is Thursday, July 30, 2026. Every counting step is shown below.
- 1Jun 15, 2026
Trigger date
Monday. The triggering event under Fed. R. App. P. 40(a)(1).
- 2Jun 15, 2026
Exclude the trigger day
The day of the triggering event is not counted. Counting begins with the next day (FRCP 6(a)(1)(A) and analogous state rules).
- 3Jul 30, 2026
Count 45 calendar days forward
Every day counts, including weekends and holidays. Intermediate days are not skipped for calendar-day periods.
- 4Jul 30, 2026
No service extension
Service by personal does not extend this period under Fed. R. App. P. 40(a)(1).
- 5Jul 30, 2026
No roll needed
Thursday is a court day.
- 6Jul 30, 2026
Deadline
Thursday, Jul 30, 2026.
Calculate your own date
Open the calculator with this rule already selected and enter your own triggering event.
Use Fed. R. App. P. 40(a)(1) in the calculatorQuestions about Fed. R. App. P. 40(a)(1)
- How many days is the deadline under Fed. R. App. P. 40(a)(1)?
- 45 calendar days, counted after the triggering event. In a civil case where the United States, a United States agency, or a United States officer or employee sued in an official capacity is a party, a petition for panel rehearing may be filed within 45 days after entry of judgment.
- Do weekends and holidays count toward the 45 calendar days?
- Yes. Every intervening day counts, including weekends and holidays. Only the final day is adjusted: if it falls on a weekend or holiday, it rolls forward to the next court day.
- Does the day of the triggering event count?
- No. The day of the triggering event is excluded and counting begins the following day, under Fed. R. Civ. P. 6(a)(1)(A) and the analogous state provisions.
- Does the method of service change the deadline under Fed. R. App. P. 40(a)(1)?
- No. This period is not extended by the method of service — it runs from the triggering event itself.
- Worked example: what is the deadline for a triggering event on Monday, June 15, 2026?
- Thursday, July 30, 2026, reached in 6 steps with service by personal.
Source and verification
Read the text of Fed. R. App. P. 40(a)(1)
Not yet checked against the official text. This entry encodes the rule as published, but no line-by-line verification against the current statute has been recorded. Confirm the period against the source above before relying on it.
Other U.S. Federal Courts deadlines
- Answer after service of summons and complaintFed. R. Civ. P. 12(a)(1)(A)(i)
- Answer after waiver of service (domestic defendant)Fed. R. Civ. P. 12(a)(1)(A)(ii)
- Answer after waiver of service (foreign defendant)Fed. R. Civ. P. 12(a)(1)(A)(ii)
- Answer by the United States, its agency, or an officerFed. R. Civ. P. 12(a)(2)
- Responsive pleading after denial of a Rule 12 motionFed. R. Civ. P. 12(a)(4)(A)
- Amend a pleading once as a matter of courseFed. R. Civ. P. 15(a)(1)
- Response to an amended pleadingFed. R. Civ. P. 15(a)(3)
- Rule 26(f) conference (21 days before the scheduling conference)Fed. R. Civ. P. 26(f)(1)
- Rule 26(f) discovery plan reportFed. R. Civ. P. 26(f)(2)
- Responses to interrogatoriesFed. R. Civ. P. 33(b)(2)