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

An en banc hearing is when an appeal is heard by the entire court, instead of only a panel of judges. In North Carolina, the appellate court is divided into 15 districts. When a party appeals a decision from one of these districts, they may request an en banc hearing, which means all 15 judges will hear the arguments. The process for seeking an en banc hearing begins with filing a petition to request the hearing. The petition must be filed with the clerk of the appellate court, and must include the reasons why the en banc hearing is necessary. Once the petition is filed, the court reviews it and determines whether the case is appropriate for a hearing by the court as a whole. If the court decides to hear the case en banc, the court will issue an order that outlines the details of the hearing, such as the date, time, and place of the hearing. At the hearing, both parties can present their arguments to the court and the court will decide the outcome of the appeal. If the court decides not to grant an en banc hearing, the appeal will proceed as normal before a panel of three judges from the district. The panel will then decide the outcome of the appeal.

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

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