What is the process for seeking an en banc hearing on an appeal?

When a court of appeals hears an appeal, they are usually hearing the appeal of a lower court’s decision. In certain instances, it is possible to seek an en banc hearing on an appeal, which is a decision made by all the judges of the court. In Alaska, the process for seeking an en banc hearing on an appeal is as follows. First, both parties must agree to the en banc hearing. If both parties do not agree, the appeal will proceed as usual. If both parties agree, then the court will first determine whether the issue merits an en banc hearing or not. If the court decides the issue is appropriate for an en banc hearing, then the parties will be given a timeframe to submit briefs to the court, which are documents that outline the legal arguments of both parties. After the briefs are received, the court will allow for oral arguments, which is a chance for both parties to present their case before the court. Once the oral arguments are complete, the court will issue a ruling that is binding on all parties. The ruling will either uphold the decision of the lower court or overturn it. If the en banc ruling is to overturn the lower court’s decision, then that ruling will become final. Seeking an en banc hearing on an appeal is an important part of appellate law in Alaska, and the process for doing so is outlined above. An attorney can further assist individuals in navigating the intricacies of the process.

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