Court of Appeals of Virginia - Panels

Panels

The Court of Appeals sits en banc (or as a whole) in the following circumstances:

  • Where there is a dissent in a panel to which a case was originally assigned and an aggrieved party requests an en banc hearing and at least three other judges of the Court vote in favor of such a hearing.
  • If a judge of a panel certifies that a decision of that panel conflicts with a previous decision of the Court or of any panel and three other judges agree.
  • In any case in which a majority of the Court, upon its own motion, determines it is appropriate to sit en banc.

Under these conditions, the Court of Appeals convenes en banc and reconsiders the case. The court sitting en banc may override any previous decision of a panel or the full Court. No fewer than eight judges may be present when Court of Appeals sits en banc.

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