8th Cir. R. 47D: Assignment of Judges; Quorum
Rules of Appellate Procedure and Internal Operating Procedures of the Eighth Circuit — Title VII. General Provisions
(a) Assignment of Judges; Quorum. According to 28 U.S.C. § 46, the judges of the court of appeals sit as the court directs. Unless a hearing or rehearing before the court en banc is ordered as provided by FRAP 35, a panel of not more than three judges will hear and determine all cases.
(b) Quorum; Absence of Quorum. A majority of the judges comprising the court constitutes a quorum. If less than a quorum is present on any day of the term, any judge in attendance may adjourn the court until a later time or, if no judge is present, the clerk may adjourn the court.