What is the procedure for requesting an en banc hearing?

An en banc hearing is a hearing before an appellate court in which all the judges of that court participate. It is an option available to parties when an appeal has been taken from a lower court decision. In South Carolina, the procedure for requesting an en banc hearing is outlined in Rule 213(b) of the South Carolina Appellate Court Rules. In order to request an en banc hearing, a party must file a motion with the appellate court. The motion must include a brief outlining the grounds for the request, as well as supporting evidence. The motion must also include copies of any pertinent documents or evidence filed in the lower court. After the motion is filed, the appellate court will issue an order deciding whether or not to grant the en banc hearing. Once the order is issued, the requesting party must notify the other party or parties of the order. Once the en banc hearing is granted, the appellate court will set a date for the hearing. The parties involved must then prepare for the hearing by preparing any necessary documents or evidence and briefing the court on the relevant points of law. The hearing itself generally lasts for a day, and the court will issue its decision shortly thereafter.

Related FAQs

What legal remedies are available in an appeal?
What is the process for filing an appellate brief?
What happens after a decision is rendered by an appellate court?
What is the purpose of oral arguments to an appellate court?
What are the grounds for appealing a magistrate judge’s decision?
How do I obtain an appellate court transcript?
What happens if I lose my appeal?
What is the standard of review on a motion for summary judgment?
What procedures are available to challenge a conviction on appeal?
What is the role of the appellate court in determining the facts of a case?

What is the procedure for requesting an en banc hearing?

Related FAQs

Related Blog Posts