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COMMONWEALTH OF PENNSYLVANIA

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210 Pa. Code § 65.41. Argument Before a Court En Banc.

§ 65.41. Argument Before a Court En Banc.

 A. When argument before a Court En Banc is granted, the President Judge shall direct the Prothonotary to schedule such argument at the next available session. The judges to hear argument shall be selected by the President Judge. The presiding judge shall be the commissioned judge highest in seniority except when the Court En Banc includes the President Judge, who shall then be the presiding judge.

 B. Where en banc argument is limited to one or more but less than all issues raised by an appellant, counsel shall be notified regarding the specific issues on which the Court En Banc desires to hear argument.

 C. Before or after argument before the Court En Banc, the Court may vote that en banc consideration was improvidently granted. In such event, the previous panel decision in the matter shall be reinstated or, if there is no previous panel decision in the matter, the case shall be listed before the next available panel of this Court.

 D. In the event that a party seeks to remove en banc status and reinstate a panel’s decision, such request must be made by motion and is subject to full court review.

 E. In the event that a party in another appeal has raised an issue for which the Court has granted Reargument, the Court shall stay such appeal pending the decision of the en banc panel.

 F. The Court may decide to stay the case sua sponte or upon a motion that a party files.

Source

   The provisions of this §  65.41 amended and effective May 30, 1991, 23 Pa.B. 1939; amended June 14, 2017, effective immediately, 47 Pa.B. 6362; amended June 10, 2021, effective immediately, 51 Pa.B. 3441. Immediately preceding text appears at serial pages (403566) to (403567).


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