Internal Operating Procedures - page 14

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(ii) If at least a majority of the eligible Judges support the request, the matter
proceeds in accordance with Section VII(b)(3), below.
(B) On Motion of a Party.
(i) If a party moves for en banc review, CLS circulates to all eligible Judges
the motion and a formal notice (1) advising that en banc consideration is
either appropriate or inappropriate, (2) advising that the motion will be
denied unless, during a voting period of 5 working days, at least three of
the eligible Judges request that the Court seek a response from the other
party, and (3) specifying the last day of the voting period.
(ii) If during the 5-day voting period, fewer than three eligible Judges have
requested that the non-moving party be ordered to file a response to the
motion, no response is ordered and the motion is denied. When a motion
for en banc consideration is denied without seeking a response from the
non-moving party, CLS prepares a per curiam order of denial that is
circulated to the participating Judges and published on the fifth working
day after the order began circulation, unless otherwise directed for good
cause by the Chief Judge. Separate statements are not encouraged and
will not be issued with the Court's order unless submitted in time to be so
issued. If a separate statement is not timely prepared, the denial order
may be issued and any separate statement may be issued at a later time
and published with the denial order; however, a separate statement may
not be issued if not prepared and issued within 10 days of the issuance of
the dispositive order unless an extension is granted by the Chief Judge for
good cause.
(iii) If during the 5-day voting period at least three eligible Judges have
requested a response from the non-moving party, the Clerk issues a
standard order seeking a response as to the motion for full Court
consideration. A majority of the eligible Judges may elect to modify
and/or amplify the Clerk's standard order for a response. Once the
response is filed (or the time period expires and no response is filed),
CLS circulates to all participating Judges the motion requesting en banc
consideration, any response, and a vote sheet directing all participating
Judges to vote for or against consideration of the matter en banc. CLS
provides for a voting period of 10 working days and will specify the last
day of the voting period.
(a) If, upon the expiration of the 10-day voting period, at least a majority
of the participating Judges do not vote to grant the motion, the motion
is denied. When a motion for en banc consideration is denied after a
response from the non-moving party has been sought, CLS promptly
prepares the order of denial, which is circulated to the participating
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