Rule 70-7. Appellate Court Consideration En Banc and Reargument En Banc

(a) Before a case is assigned for oral argument, the chief judge may order, on the motion of a party or sua sponte, that a case be heard en banc.

(b) After argument but before decision, the entire court may order that the case be considered en banc with or without further oral argument or with or without supplemental briefs. The judges who did not hear oral argument shall have available to them the electronic recording or a transcript of the oral argument before participating in the decision.

(c) After decision, the entire court may order, on the motion of a party pursuant to Section 71-5 or sua sponte, that reargument be heard en banc.

Committee Notes

(Amended July 21, 1999, to take effect Jan. 1, 2000; amended June 2, 2010, to take effect Jan. 1, 2011.) (P.B. 1978-1997, Sec. 4112.) (Amended July 21, 1999, to