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

In Maryland, an en banc hearing is a process in which the Court of Appeals reviews a case that has already been decided by a lower court. This is done in order to make sure that the correct legal ruling has been made. The process for seeking an en banc hearing begins with filing a petition for writ of certiorari. This petition must specify and explain the errors or questions of law that the court needs to consider. The petition is then presented to the Clerk of the Court of Appeals. Once the petition is accepted, the court will notify the parties involved and the Clerk of the Circuit Court. This allows the parties to submit written arguments in support or opposition of the petition. The court takes the written arguments into consideration and then decides whether or not to grant the petition. If the court grants the petition, an en banc hearing will be held. The en banc hearing is held in the Court of Appeals, with all of the judges on the court present to hear the arguments from both sides. After the hearing, the court votes on the issue and renders a final decision. The process for seeking an en banc hearing in Maryland can be lengthy, but it is an important process that ensures the ruling of an appeal is fair and just.

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