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

An en banc hearing is an appellate hearing that involves a case being heard by the entire court of appeals rather than just a three-judge panel. In New Hampshire, the en banc court consists of the nine members of the Supreme Court of New Hampshire. During a typical appellate hearing, a three-judge panel hears evidence and arguments before making a decision. The panel then writes an opinion as to why they made a decision, and the decision is binding. In an en banc hearing, the nine justices of the Supreme Court of New Hampshire listen to the case and all of the arguments in one hearing. After the hearing, the justices can decide to affirm or reverse the opinion of the lower court, or even remand the case back to the lower court for further proceedings. En banc hearings are used if the Supreme Court of New Hampshire believes that an important legal question needs to be decided or there is a conflict between two or more appellate court opinions. The decision of the en banc court is binding in New Hampshire, and it has the power to overrule the decision of any lower court or other appeals court. This is why en banc hearings are an important part of the appellate process in New Hampshire.

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

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

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