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

An en banc hearing is a type of appellate hearing that is different from a typical appellate hearing in North Carolina. In an en banc hearing, all judges of the appellate court (or some subset designated by the court) participate in the hearing and consider the case. A typical appellate hearing in North Carolina involves a panel of three judges who individually review the case and make a decision. An en banc hearing is more formal than a typical appellate hearing and typically requires oral argument from both sides. This provides more opportunity for the court to consider the facts and arguments of the case in greater detail than a typical appellate hearing. In North Carolina, an en banc hearing is only used in certain cases. These cases usually involve legal issues that are of major importance, as well as cases that involve a disagreement between a panel of three judges from the appellate court. It may also be used if the court feels that a different outcome may be reached with the full participation of all the appellate court judges. The result of an en banc hearing is binding, and the decision of the en banc hearing is generally considered to be the final decision of the appellate court on the case. It is important to note that not all states have the option of an en banc hearing and in those states, the typical appellate hearing is the only way to appeal a case.

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

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