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

In Washington, an en banc hearing is when a case is heard again before all of the judges on the appellate court. This differs from a standard appeal, which is usually heard by a panel of three. An en banc hearing is usually rare, and only occurs when a majority of the members of the court agree that it is necessary. To request an en banc hearing, the petitioner must petition the appellate court. This is done by submitting a formal petition with the court clerk. The petition must detail why an en banc hearing is necessary and should cite relevant legal precedents or other facts and evidence that support the need for this type of hearing. The petitioner must also provide an argument supporting the request. The court will then consider the merits of the request and decide whether to grant the en banc hearing. If the court decides to grant the request, it will then set a date for the hearing and notify all parties involved. During the hearing, each side will have an opportunity to present their arguments and evidence. After the hearing, the court will issue a ruling, which could reverse or affirm the earlier decision. En banc hearings can be beneficial for both sides of a dispute as it allows for a greater number of judges to consider a case, and can ensure that a case is judged fairly and according to established legal precedent.

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