What is the procedure for requesting an en banc hearing?

In Alaska, an en banc hearing is a special hearing typically held before the entire court, or “en banc.” En banc hearings are rare and only happen when a panel of judges decides that a case is important enough to merit a hearing before the entire court. To request an en banc hearing, an appellant must first file a petition with the court. The petition should explain why the appellant believes the case should be heard en banc, as well as why the court should grant the petition. The petition should also include any relevant legal arguments or evidence the appellant plans to present. Once the petition has been filed, the court will review it to determine whether it should be granted. If the court grants the petition, a hearing will be scheduled, and both parties will be invited to present their cases. The appellant is typically responsible for making the first argument, followed by the respondent and then concluding with a rebuttal from the appellant. Once all the arguments have been heard, the en banc court will decide whether to grant the appellant’s request, uphold the lower court’s ruling, or issue a new ruling. Generally, all of the en banc judges must agree in order for a decision to be made. If a majority of the judges agree, the ruling is final and can’t be appealed.

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What is the procedure for requesting an en banc hearing?

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