What is the procedure for requesting an en banc hearing?

An en banc hearing is a review of a decision made by a Court of Appeals by the full court. In the state of Texas, the procedure for requesting an en banc hearing involves filing a motion to the clerk of the Court of Appeals that rendered the decision. The motion must be supported with a memorandum that explains the legal issues involved in the case and why the entire court should review the decision. The Court of Appeals has the authority to grant a request for an en banc hearing if a majority of the judges on the court vote in favor of it. However, a motion for an en banc hearing will be denied if it does not raise novel legal issues or involve a question of great public importance. In some cases, all or some of the judges on the Court of Appeals may request an en banc hearing of their own accord. This usually occurs when a decision made by the court appears to be in disagreement with the law or when the court is divided in terms of opinion. The en banc hearing process differs from the usual appellate process in that it is conducted by the entire Court of Appeals rather than a panel of three judges. After the hearing is conducted, the court will issue an opinion on the case that is binding and not subject to review by any higher court.

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What is the procedure for requesting an en banc hearing?

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