Appeals
En Banc
En banc means the full court of appeals hears a case, rather than the usual three-judge panel.
Rehearing en banc is reserved for two situations: when a panel decision conflicts with the circuit's own precedent or that of the Supreme Court, and when the case presents a question of exceptional importance. A majority of active judges must vote for it.
It is rare. Most petitions are denied, and a denial sometimes draws a written dissent that signals to the Supreme Court that the issue is worth taking.
Petitions serve a second function even when denied. They exhaust the circuit's own review and preserve the issue, and the votes and dissents recorded on the denial are read closely by anyone preparing a certiorari petition. Some circuits use a limited en banc procedure because of their size, hearing cases with a subset of judges rather than the entire court, which changes the math of who must vote to rehear a case.
How it appears on a docket
ORDER denying the petition for rehearing en banc. Judge Boone, joined by two judges, dissenting from the denial.
Governing rule
Fed. R. App. P. 35
Related terms
- Oral Argument — Oral argument is the hearing where lawyers answer questions from the appellate panel about the issues in the briefs.
- Petition for Certiorari — A petition for a writ of certiorari asks the Supreme Court to review a lower court's decision, which it agrees to do only rarely.
More on appeals
See this term in a real case
Search federal court records and read the filings where en banc actually shows up. New to federal dockets? Start with how to find a federal case.