210 Pa. Code § 65.41. Argument Before a Court En Banc.

§ 65.41. Argument Before a Court En Banc.

A.  When argument before a Court En Banc is granted, any merits panel decision is withdrawn pending the decision of the Court En Banc and the order shall direct the Prothonotary to schedule such argument at the next available session. The judges to hear argument shall be selected by the President Judge. The presiding judge shall be the commissioned judge highest in seniority except when the Court En Banc includes the President Judge, who shall then be the presiding judge.
B.  Where en banc argument is limited to one or more but less than all issues raised by an appellant, counsel shall be notified regarding the particular issues on which the Court En Banc desires to hear argument. The parties’ briefs, however, shall address all of the issues raised on appeal.
C.  Before or after argument before the Court En Banc, the Court may vote that en banc consideration was improvidently granted. In such event, the previous panel decision in the matter shall be reinstated or, if there is no previous panel decision in the matter, the case shall be listed before the next available panel of this Court.
D.  The following rule only applies to a motion to discontinue an appeal after the Court has granted reargument before the Court en banc. Pa.R.A.P. 1973 applies to all other motions to discontinue an appeal.
   1.  While a case is pending disposition by the Court En Banc, a party may file an application to discontinue the appeal and the appeal will be discontinued only if a majority of the Commissioned Judges vote to grant the application to discontinue the appeal.
   2.  If a party files a praecipe to discontinue the appeal, the Court shall treat the praecipe as an application to discontinue the appeal and it will be subject to vote by the commissioned judges of the Court.
   3.  If the commissioned judges vote to discontinue the appeal, the Court shall discontinue the appeal and reinstate the merits panel’s opinion or memorandum opinion.
   4.  In the event that a party seeks to remove en banc status and reinstate a panel’s decision, such request must be made by motion and is subject to full court review.
E.  In the event that a party in another appeal has raised an issue for which the Court has granted reargument, the Court shall stay such appeal pending the decision of the en banc panel.
F.  The Court may decide to stay the case sua sponte or upon a motion that a party files.
(Amended March 28, 2024, imd. effective)

Source

   The provisions of this §  65.41 amended and effective May 30, 1991, 23 Pa.B. 1939; amended June 14, 2017, effective immediately, 47 Pa.B. 6362; amended June 10, 2021, effective immediately, 51 Pa.B. 3441; amended March 28, 2024, effective March 28, 2024, 54 Pa.B. 2481. Immediately preceding text appears at serial pages (411888) and (405043).

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