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

An en banc hearing is one in which all judges on the court hear an appeal at once, rather than just a panel of three judges. In the state of Kansas, the process for seeking an en banc hearing on an appeal begins with filing a written request with the clerk of the court. This request must be accompanied by a brief or record on appeal which sets forth the relevant facts and arguments. The request must be filed within ten days of the initial panel decision. If the request is granted, the court will hear arguments from both the appellant and the appellee, who will both be given a reasonable opportunity to present their positions. After hearing both sides, the court will either affirm or reverse the lower court’s decision. If the court denies the en banc hearing, the original panel decision remains in effect. When a case is heard en banc, all judges on the court must be present. While individual judges may have their own preferences when it comes to hearing cases, the en banc decision will be determined by a majority opinion. If the court decides to hear an appeal en banc, it is a process that can take some time, so it is important to be patient.

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

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