What is an en banc hearing and how does it differ from a typical appellate hearing?

An en banc hearing is an appellate hearing in Delaware that is heard by all of the justices of the Delaware Supreme Court instead of the typical three-justice panel. This type of hearing is rare and usually only occurs when the decision of a three-justice panel is appealed, the issues involve serious constitutional or public policy questions, or the opinion of a prior three-justice panel conflicts with a prior decision of the Supreme Court itself. En banc hearings also differ from the typical appellate hearing in Delaware in the fact that the court has more judges present to consider the case. Additionally, the court is allowed to consider more evidence since they are not limited to the record from the trial court. Lastly, the court is able to question attorneys and witnesses during the hearing. En banc hearings are typically conducted differently from regular appellate hearings. The court will usually require additional briefs to be submitted to the court in order to provide the justices with a thorough understanding of the facts of the case. Additionally, both sides of the dispute are usually allowed to participate in oral arguments to give their interpretations of the issue at hand. Altogether, en banc hearings in Delaware are special appellate hearings that involve all of the justices of the Delaware Supreme Court and allow the court to consider more evidence, question attorneys and witnesses, and usually involve additional briefing and oral arguments.

What is an en banc hearing and how does it differ from a typical appellate hearing?

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