What is the procedure for requesting an en banc hearing?

En banc hearings are requested when a party appeals a decision of the United States Court of Appeals for the Fifth Circuit and asks the court to rehear the case with all judges of the court present. This type of hearing is unusual, and the court may only grant the request when all the judges agree it is warranted. In Mississippi, interested parties must file a petition for an en banc hearing with the Clerk of the Fifth Circuit. The petition should explain why the appellant believes the case should be heard by all of the judges. The petitioner must provide copies of the petition to all parties of the original appeal. Once the petition is filed, the Clerk of the Court will notify all parties and the judges of the court of the petition and allow for an opportunity to respond. The court considers the responses when deliberating over whether to grant the petition. The court does not typically grant en banc hearings unless there is a need to settle a matter concerning a law or procedure. If the court grants the petition, the Clerk of the Court will notify all parties and the en banc hearing will be scheduled. The court may provide instructions for the procedures to be followed at the hearing, including instructions for how the parties are to present their arguments and how the court should consider them.

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What is the procedure for requesting an en banc hearing?

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