IOP 13: Bases for Hearing En Banc or Rehearing En Banc

1. En banc consideration is required to overrule a prior holding of this or a predecessor court expressed in an opinion having precedential status.

2. Upon the concurrence of the majority of active judges, the court will, for any appropriate reason, conduct an en banc hearing, rehearing, or reconsideration. Judges who are recused or disqualified from participating in an en banc case are not counted as active judges for purposes of this IOP. Among the reasons for en banc action are:

(a) Necessity of securing or maintaining uniformity of decisions;

(b) Involvement of a question of exceptional importance;

(c) Necessity of overruling a prior holding of this or a predecessor court expressed in an opinion having precedential status; or

(d) The initiation, continuation, or resolution of a conflict with another circuit.