When does the deadline to file a petition for certiorari begin if a rehearing en banc is still pending?

I understand that navigating the Supreme Court process can be quite stressful. Can you please confirm which jurisdiction your case is in?

Have you received any communication from the court regarding your motion to recall the mandate?

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your Supreme Court timeline.

Hello, my name is Benjamin. I understand you're dealing with a situation involving the Ninth Circuit Court of Appeals and a petition for rehearing en banc. Have you received any updates on your motion to recall the mandate? Could you provide more details about any specific concerns or questions you have regarding this? This is the US Supreme Court, correct?

If your Ninth Circuit petition for rehearing or rehearing en banc was timely filed and accepted, the 90 day Supreme Court deadline ordinarily begins when the Ninth Circuit enters an order denying rehearing, not when the mandate was issued. The Supreme Court specifically states that issuance of the mandate does not control the certiorari deadline. Therefore, you ordinarily may wait for the Ninth Circuit to decide the timely rehearing petition. Once it is denied, you have 90 calendar days, not three months, from the denial date to file the certiorari petition.

Under Federal Rule of Appellate Procedure 41, a timely rehearing petition ordinarily prevents the mandate from issuing until seven days after the court denies rehearing, unless the court orders otherwise. Under Supreme Court Rule 13, the 90 day window for filing a petition for certiorari runs from the denial of a timely rehearing petition rather than from the original judgment or mandate.

Because the mandate has already issued while you believe rehearing remains pending, immediately check the Ninth Circuit docket to determine whether the rehearing petition was actually entered and accepted as timely, whether the court rejected or returned it for a filing defect, whether an order denying it was entered without reaching you, whether the mandate was issued under a special court order, or whether the rehearing petition was filed after the allowable deadline. A motion to recall the mandate does not itself extend the Supreme Court's 90 day deadline, so do not assume that motion protects your certiorari filing date.

Call the Ninth Circuit Clerk's Office with your case number and ask whether the docket shows your petition for rehearing or rehearing en banc as timely filed and currently pending, whether it was rejected, denied, or otherwise disposed of, and why the mandate issued while the petition was pending.

Also calculate 90 days from the original Ninth Circuit judgment as a protective deadline. Unless the clerk confirms that a timely rehearing petition remains properly pending, you should not allow that date to pass.

Thank you and have a wonderful day!

Based on your situation, there are several legal arguments and considerations in the context of the U.S. Supreme Court and the Ninth Circuit Court of Appeals that could potentially support your case. Rule 13 of the Supreme Court Rules governs the time for filing a petition for a writ of certiorari. It states that a petition for a writ of certiorari to review a judgment in any case, civil or criminal, entered by a state court of last resort or a United States court of appeals, is timely when it is filed with the Clerk of the Supreme Court within 90 days after entry of the judgment. However, if a petition for rehearing is timely filed in the lower court by any party, or if the lower court appropriately entertains an untimely petition for rehearing or considers rehearing on its own, the time to file the petition for a writ of certiorari for all parties runs from the date of the denial of the rehearing or, if rehearing is granted, the subsequent entry of judgment.

Since your petition for rehearing en banc is still pending, the 90 day period for filing a petition for certiorari in the Supreme Court would typically begin from the date the Ninth Circuit denies the en banc petition, not from the issuance of the mandate or the rejection of the initial rehearing petition.

Did that solve your issue? Please let me know if you have any further questions. I believe I have addressed your inquiry, so I will mark it as complete. Thank you and have a wonderful day!