What is the procedure for requesting an en banc hearing?

In Illinois, an en banc hearing is when more than two appellate judges hear an appeal in a particular case. To request an en banc hearing, a party or attorney involved in the case must file a petition with the court. The petition must explain why an en banc hearing is appropriate. Generally, an en banc hearing is only appropriate if the decision made by the lower court is based on a significant conflict with other judicial decisions or when the decision is contrary to the appellate court’s usual practices. The other party must be served with a copy of the petition, and they have an opportunity to respond to the petition. After the response is received, the court will consider the petition. If the court determines that there is a significant conflict or the decision is contrary to the court’s usual practices, then the court will grant the petition for an en banc hearing. If an en banc hearing is granted, then all parties involved in the case will be served with a notice of the en banc hearing. The notice will include details about the date and time of the hearing. Prior to the hearing, the parties may file briefs or other arguments to support their positions. During the hearing, each party will have an opportunity to present their argument before the panel of appellate judges. The judges will then consider the arguments and ultimately render a decision.

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