What is an en banc hearing?

An en banc hearing is a legal proceeding in which an appellate court hears a case, typically consisting of all the judges on that court. En banc hearings are usually granted in cases of great importance, or if an earlier ruling by the court was unclear. In Virginia, an en banc hearing may be requested when a case is on appeal and a party believes that the current appeals court panel will not be able to provide adequate justice. This could be because the earlier ruling had been unclear, or for other significant legal issues. When an en banc hearing has been requested, the full court of appeals will review the arguments made by the parties involved. All of the judges on the court will then review the evidence and arguments, and reach a majority decision. This decision will then be binding on the court. Because of the importance of the issues discussed at an en banc hearing, and the fact that all the judges on the court must be present, the proceedings are often lengthy and complex. This can make it difficult for parties to prepare their arguments and could potentially cost them time and money. Overall, en banc hearings are critical proceedings in the criminal appeal process in Virginia. They are valuable for providing legal clarity in cases of great importance, while also allowing parties to present their arguments before the full court.

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