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

An en banc hearing is when all of the judges in an appeals court hear a case, rather than just a panel of three judges. In California, if one or more of the appellate judges believe that an en banc hearing is necessary, they can call for the hearing. In this situation, the entire court would then hold a rehearing of the whole case. To initiate an en banc hearing, one of the following must occur: # A majority (4 out of the 6) of the appellate judges agree to the hearing. # A party can file a petition for a rehearing or a request for a rehearing en banc. # The Supreme Court can order the hearing. If an en banc hearing is requested, both the appellant and the respondent will be notified and given the opportunity to submit additional briefs. Each side will then be able to make arguments in person during oral arguments. After oral arguments, the full court will issue a written opinion. Although the process for an en banc hearing in California is not as common as in other states, this procedure can be beneficial if it is thought that the case has a potential for an important precedent. Especially in cases concerning controversial issues or matters of broad public importance, an en banc hearing can provide an opportunity to have the case heard by the entire court.

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

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