General Order 5.2: Initial Hearing En Banc
Circuit Rules and General Orders of the Ninth Circuit — General Orders — Chapter V: En Banc Procedures
Pursuant to Fed. R. App. P. 40(g), a petition requesting that an appeal be heard initially en banc must be filed by the date when the party’s principal brief is due. The petition shall be referred to the three-judge panel assigned to the case for resolution. The panel may deny the petition on behalf of the Court or request that the Court vote on whether to hear the case initially en banc.
A three-judge panel may also, sua sponte, and in accordance with the rules pertaining to sua sponte en banc calls, request a vote on whether a case assigned to that panel should be heard initially en banc. (Rev. 10/26/21; 12/1/24)