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

En banc hearings on appeals in South Carolina involve a panel of appellate judges deciding an appeals case. When an appeals court issues a split decision, meaning that there is disagreement between the majority and minority of the appellate court judges, a party may request the decision be reviewed by all of the judges on the appellate court. This is known as an en banc hearing. When a party wishes to seek an en banc hearing, they must first file a petition with the court. This petition must include the reasons why the party feels the decision must be reviewed by all the judges. The court will then decide whether or not to grant the request. If the request is granted, all the judges on the appellate court will gather to review the case and issue a single opinion. The decision to grant an en banc hearing is left up to each appellate court in South Carolina. Most appeals courts, however, will usually grant the hearing if the disagreement between the majority and minority opinions is significant, or if the original decision was made without having all relevant information before the court. En banc hearings can provide certainty to a case, as all the judges will be looking at the same issue and coming to a single decision. This helps to reduce confusion in the appeals process and ensures that the decision made is the best one for the case.

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

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