Rule XVII - Rehearing En Banc(1)Circulation of motion for rehearing en banc. (a) Reargument granted. If a motion for reargument is granted, a simultaneous motion for rehearing en banc is implicitly denied. (b) Reargument denied. If the motion for reargument is denied and a simultaneous motion for rehearing en banc has been filed, the latter motion is circulated. (c) Recommended disposition. A memorandum is then circulated to the other qualified members of the Court by the author of the opinion or order, stating that the panel has denied the motion for reargument, and attaching a copy of the motion for rehearing en banc with the panel's recommended disposition of the motion for rehearing en banc. (d)En banc motion only. If only a motion for rehearing en banc is filed, the Justice who was the named author of the opinion or order typically takes the lead by circulating the motion with a suggested disposition to the other qualified Justices, in the same manner that a motion for reargument is processed. The other Justices respond to the suggested disposition in writing. (2)Qualified Justices only. Only those Justices who are qualified and available to hear a case will vote on the motion for rehearing en banc. Except in capital cases, if only three Justices are qualified and available, other state Judges or former Justices are not called to complete the Court en banc in disposition of the motion. Therefore, if only three Justices are available and qualified, the original panel is, in effect, the Court en banc for purposes of the motion. If only one Justice is disqualified, only the four remaining qualified and available Justices will constitute the Court en banc and consider the Motion for Rehearing.(3)Rehearing denied. If the motion for rehearing is denied, a written disposition is prepared by the Justice who was the named author and then circulated for approval. If there is a dissent from the denial of rehearing, a notation will be added to the dispositive order, at the affirmative request of the dissenting Justice, that "Justice ____ would grant rehearing by the Court en banc." (4)Rehearing granted. If a majority of the active justices of the Court vote for rehearing en banc, the named author or ranking active Justice of the majority enters an order which grants rehearing, vacates the panel's opinion and the judgment entered thereon, and assigns the case to the calendar for rehearing en banc on a priority basis. (5)Supplemental authorities. Rehearing en banc addresses all issues presented in the original briefs. The Chief Justice or the next senior available Justice if the Chief Justice is not sitting on the matter, upon the request by a majority of the en banc Court, may direct the Clerk to advise counsel to submit supplemental briefs on specific issues or to be prepared to discuss at oral argument any other relevant issues designated by the majority of Justices.Del. Sup. Ct. Int. Opp. P. XVII
Adopted effective 6/18/2015