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Each side is given a short time — usually about 15 minutes — to present arguments to the court. If the request is granted, the original opinion of the three judge panel is vacated and removed from the record, and the new opinion of the court en banc will take its place.
Institutional titles[ edit ] Many U. Some appellate courts, particularly supreme courts, have the power of discretionary reviewmeaning that they can decide whether they will hear an appeal brought in a particular case. The court of appeals does not receive additional evidence or hear witnesses; rather the judges make their decision based on the written record of the case in the trial court, the briefs submitted by the parties, and possibly oral argument.
Sometimes, one of the parties requests a re-hearing En Bancthat is, a re-hearing by all of the judges of the court of appeals in that circuit, rather than by the three-judge panel.