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 held before all judges of an appellate court. This is in contrast to a typical appellate hearing held before a panel of three judges, which is more common. In Kansas, an en banc hearing can be held as either a rehearing of or a review of a case that has already been heard. If the full court chooses to hear the case, the original panel’s decision is set aside and all parties are allowed to present their arguments again. In some cases, all parties must be present and the court may assign additional counsel or order additional briefing from the parties. This allows all judges to review the case and come to a unanimous decision. Typically, en banc hearings are rare. In Kansas, the Kansas Court of Appeals is made up of fourteen judges and decisions are usually made with the original panel’s decision standing. The court will only hear cases en banc in highly contested cases or when the court wishes to establish or overrule a precedent. En banc hearings can provide additional opportunities for review of a case, and provide clarification of existing law. En banc hearings are important because they allow for all of the court’s judges to consider the case and come to a unanimous decision.

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

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