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

The process of seeking an en banc hearing on an appeal in Mississippi involves filing a motion with the appeals court to request a re-hearing of the initial appeal. In order for a motion to be granted, the petitioner must provide compelling evidence that the decision of the court is wrong or that the case is of significant public importance. The motion is then reviewed by the court panel, which will decide if the case should be heard by the entire appeals court (en banc hearing). If the panel finds the motion has merit, they will issue a writ of certiorari, which is a formal request for the parties to the appeal to provide the court with details regarding the appeal. The appeals court will then decide whether or not to grant the motion for an en banc hearing. If the motion is granted, the entire appeals court (usually composed of all the judges from that court) will hear the case and decide on the merits of the appeal. The en banc hearing usually takes significantly more time than a normal appeal, as each judge must review the evidence and be briefed on the legal issues in the case. The decision of the en banc court, if reached, is final and cannot be appealed to a higher court.

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