Internal Operating Procedures - page 12

(4) If any substantive changes are made to the panel opinion, order, or separate statement, the
author Judge recirculates the entire decision for an appropriate period of time to permit
review and comment by the other Judges and the editors. If only nonsubstantive changes
are made, the decision is forwarded to the editors for final review before it is forwarded
to the Clerk for issuance.
(5) Unless action is pending on an en banc request, and after any comments and suggested
editing have been addressed, the author Judge forwards the final opinion or order, with
any separate statement, to the Clerk for issuance as soon as practicable.
(6) In circumstances of exceptional delay, the majority of the panel may provide notice that
the majority decision will issue at the end of 5 working days, without any separate
statement if such statement is not prepared at that time, unless an extension is granted by
the Chief Judge for good cause.
(e) Dissolving Panels.
(1) For cases sent to panel pursuant to Section I(b)(4) or called to panel pursuant to Section
II(b)(2), if the majority of the panel agrees, the case is returned to a single Judge of the
panel for a decision on the matter.
(2) Any case returned to a single Judge by a majority of a panel shall, upon circulation of the
single-judge decision, be subject to recall to panel by a vote of three Judges of the Court
in regular active service. In the event of recall to a panel, the case is assigned to the
original panel for a panel decision on the matter.
(a) Reconsideration.
If a party moves for reconsideration of a panel action, the motion is
referred to CLS for preparation of a vote package, which is then sent to the panel for
(b) Review.
Any motion by a party for review of a panel decision by the en banc Court is
processed in accordance with en banc procedures in Section VII, below.
(a) Policy.
Decisions by the Court sitting en banc are not favored except when necessary to
secure or maintain uniformity of the Court's decisions or to resolve a question of exceptional
importance. Generally, opinions are issued for any decision by the en banc Court disposing
of an appeal unless the action is taken pursuant to a motion, in which case the en banc Court
issues an order.
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