8th Cir. R. 47E: Death or Disability of Judge
Rules of Appellate Procedure and Internal Operating Procedures of the Eighth Circuit — Title VII. General Provisions
If a judge sitting on a panel that has heard argument or taken under submission any appeal, petition, or motion becomes unable to consider the matter further because of death, illness, resignation, or incapacity, or is relieved of the case at the judge's request, the remaining two judges will determine the matter. Either remaining judge may, however, request the designation of a third judge. If either judge requests a designation or if the two judges do not agree on the matter, the clerk will randomly designate another circuit judge to sit in place of the judge who no longer serves on the panel. The clerk will advise the parties of a designation, but no further argument or additional briefs will be received unless the court orders otherwise.