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

In Nebraska, an en banc hearing is a type of appellate court review in which all the judges on the court hear an appeal, rather than just the traditional three-judge panel. The process for seeking an en banc hearing on an appeal in Nebraska typically begins with the filing of a motion to set aside the panel decision and request an en banc rehearing. The filing of the motion triggers a process in which the parties submit briefs and any other relevant documents to the court. The request for an en banc hearing is then considered and ruled on by the court. In order to grant an en banc hearing, the court must find that the panel decision has been inconsistent with prior decisions or that the case raises an important question of law or public policy. The court may also find that an en banc hearing is justified based on the importance of the case or special circumstances. Once the court grants an en banc hearing, the parties will submit briefs and arguments to the court, and the court may also hear oral arguments. After hearing the evidence, the court will issue a final ruling, which will be binding on all the parties involved. This ruling will be the final judgment in the case.

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