Internal Operating Procedures - page 8

3
(2)
Call for Panel or En Banc Review.
If, during the circulation period or any extension
thereof, two Judges in regular active service request panel consideration based on the
criteria in
Frankel
,
see
Section I(b)(2) above, the screening Judge requests that the Clerk
create a panel composed of the screening Judge and two additional eligible/available
Judges selected at random, and the matter proceeds in accordance with Section V, below.
If the screening Judge is a Senior Judge who is unavailable to serve on the panel, an
eligible/available Judge generally will be substituted in the general random-rotational
manner.
See
Policy for the Recall of Senior Judges. If any Judge in active regular
service requests en banc consideration, CLS follows the procedure in Section VII(b)(2),
below.
(3)
Editor Review.
During the circulation period the Court's editors review the draft decision
and provide to the author Judge any format and style suggestions.
(4)
Final Review and Issuance.
If there is no call for panel or en banc consideration, as soon
as possible after the comment period has expired and comments and edits have been
considered, the screening Judge forwards the final memorandum decision or order to the
Clerk for issuance.
III. RECONSIDERATION, REQUESTS FOR PANEL DECISION,
AND SUBSEQUENT APPEALS
(a) Reconsideration and/or Request for Panel Decision.
(1) If a party timely moves for reconsideration of a single-judge memorandum decision or
dispositive order, the motion is sent to the author Judge for decision. Reconsideration
will be granted if the author Judge concludes that the movant has demonstrated that the
memorandum decision overlooked or misunderstood a fact or point of law.
(2) If a party timely moves for panel decision in a case where a single-judge decision has
been issued, without first seeking reconsideration by the author Judge, the motion
nevertheless is referred to the author Judge for potential sua sponte reconsideration. If
sua sponte reconsideration is granted, the request for panel decision is mooted.
(3) If a panel decision is requested and the author Judge of the single-judge decision denies
reconsideration, the panel motion is forwarded to CLS for evaluation of the case and
preparation of a memorandum addressing the issues and possible disposition. The
memorandum is forwarded to a panel of three Judges that includes the author Judge of
the single-judge decision and two eligible/available Judges , selected in accordance with
Section V(b)(1), below.
(4) On review by the assigned panel, the single-judge decision will be withdrawn and a
decision of the panel substituted therefore if a majority of the panel find that the movant
has demonstrated that
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