I.O.P. 2.2: Determination in Cases En banc
Local Appellate Rules and Internal Operating Procedures of the Third Circuit — I.O.P. Chapter 2. Oral Argument
There is oral argument in an en banc case if it is requested by at least one judge of the en banc court. No later than 21 calendar days before the en banc sitting, the chief judge or, in his or her absence, the presiding judge, furnishes the clerk with the court's determination in accordance with the maximum request, up to 30 minutes per side, of any judge. The timing for furnishing the court’s determination may be altered for expedited or emergency cases. A request for oral argument beyond 30 minutes per side is determined by a majority of the en banc court. Ordinarily, 30 minutes per side will be allocated and an amicus will not argue unless at least 4 members of the en banc court vote otherwise.