As amended through October 29, 2024
Rule 18 - EN BANC CONSIDERATION(A)Scope of Review. The court shall consider an appeal en banc in accordance with App.R. 26(A)(2) and the procedures set forth in that rule.(B)Request for En Banc Consideration. App.R. 26(A)(2) governs parties' applications for en banc consideration. The parties must strictly comply with the time limits of App.R. 26(A) (2) for filing an application, an opposing brief, or a reply brief. The application and opposing brief shall not exceed either ten pages or 3,000 words. The reply brief shall not exceed either five pages or 1,500 words. The parties shall file an original and three copies of the application, opposing brief, or reply brief. Pursuant to S.Ct.Prac.R. 7.01(A) (6), a timely request for en banc consideration tolls the time for filing an appeal to the supreme court.(C)Contents of the Application. An application for en banc consideration shall (a) disclose the dispositive point of law upon which the panel's decision conflicts with the decision of another panel of this court; (b) specifically cite the conflicting authority and the point of law stated therein that conflicts with the present case; and (c) explain why en banc consideration is necessary to secure and maintain uniformity throughout the district.(D)Procedure. The administrataive judge or magistrate may summarily dismiss any application for en banc consideration that does not comply with the requirements of App.R. 26(A)(2) or this local rule. If a majority of the court votes to consider a case en banc, the administrative judge shall call an en banc conference at the earliest convenient date, which may be at the next regularly scheduled administrative conference. Additional briefing and/or oral argument will be permitted only at the court's request. A decision reached by a majority of the en banc court will be binding upon the entire court. In the event a majority of the judges of the court are unable to concur in a decision, the decision of the original panel shall remain the decision in the case.Amended effective 2/3/2023.