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Old January 8, 2013, 09:33 PM   #345
esqappellate
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Join Date: October 16, 2012
Posts: 69
en banc means all the circuit judges, rather than a 3 judge panel. There are different numbers of judges on each circuit, same principle. (There is a different rule in the 9th Circuit, which uses 11 judge en banc panels with the possibility of the entire court hearing a true en banc from that -- hasn't happened). The basic procedures are established in the Federal Rules of Appellate Procedure, which are established by the SCT (mostly through advisory committees) and enacted by Congress. Here rehearing and rehearing en banc are governed by Rules 35 (en banc) and 40 (panel rehearing). These rules have the force of law. Then each of the circuits establish internal procedures by local rule, which don't have the force of law but guide the court and the parties in litigation before that court. Does that help?
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