Section 69.252. Decisions; Circulation of Draft Opinions

When the draft opinion has been prepared, the opinion-writing judge shall transmit it, normally within forty-five days after the date of assignment, to the other judges, with a face sheet bearing the date the case was argued or submitted on briefs, and also with a memorandum in standardized form requesting them to inform the writer of (1) their agreement or disagreement with the opinion and order in accordance with these rules, together with any suggestions which they may desire to make with respect to the draft opinion, and (2) any disagreement as to the writer’s recommendation concerning reporting, in accordance with § 69.412. The writer shall also indicate by memorandum (1) when the draft proposes a result different from the tentative conference vote, and (2) when a proposed panel decision would overrule a previous panel decision of this court. The other judges shall respond to the opinion-writing judge within fifteen days. If no response is received in that time, the opinion-writing judge shall consider nonresponse as indicating that each judge not responding is willing to have the opinion filed as circulated.