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Federal law provides that for courts with more than 15 judges, an en banc hearing may consist of "such number of members of its en banc courts as may be prescribed by rule of the court of appeals." [6] The Ninth Circuit, with 29 judges, uses this procedure, and its en banc court consists of 11 judges.
Chief among these is the Ninth Circuit's unique rules concerning the composition of an en banc court. In other circuits, en banc courts are composed of all active circuit judges, plus (depending on the rules of the particular court) any senior judges who took part in the original panel decision. By contrast, in the Ninth Circuit it is ...
The bench is usually an elevated desk area that allows a judge to view, and to be seen by, the entire courtroom. The bench was a typical feature of the courts of the Order of St. John in Malta, such as at the Castellania, where judges and the nominated College of Advocates sat for court cases and review laws. [4]
Delaware Gov. John Carney has asked the U.S. Court of Appeals for the Third Circuit to rehear en banc the case that struck provisions of the Delaware Constitution mandating balance between the ...
The decision by the 5th U.S. Circuit Court of Appeals to hold a so-called en banc rehearing of the case before all 16 of its active judges automatically voids, for now, last month's 2-1 panel ...
The en banc court consists of the nine judges of the court in regular active service, except that a retired judge may sit to rehear a case or controversy if the judge heard the original hearing. The Chief Judge may designate and assign temporarily one or more judges of the Superior Court of the District of Columbia to serve on the District of ...
In seeking en banc review, Maxwell's lawyers urged the 2nd Circuit to overrule a 1985 ruling that plea agreements bound only U.S. attorneys in districts where they are entered, unless it appeared ...
An exception exists when this situation arises in one of the now-rare cases brought directly to the Supreme Court on appeal from a United States District Court; in this situation, the case is referred to the U.S. Court of Appeals for the corresponding circuit for a final decision there by either the Court of Appeals sitting en banc, or a panel ...