Rule 4 - Panel assignments and the Court en Banc(a) Composition of Court. -The Court en Banc consists of all qualified and available members of the Court. In any case in which the accused shall have been sentenced to death or in any other case where a Rule of this Court provides for a hearing en Banc or a rehearing en Banc under paragraph (d) or (f) hereof, the Court shall sit en Banc. If fewer than all the Justices are qualified and available to constitute a quorum, there shall be an assignment of retired Justices or active constitutional judges, pursuant to Article IV, §§ 12 and 38 of the Constitution and Rule 2, sufficient to constitute a quorum.(b) Prior submission and consideration by panel. -A matter may be referred ab initio to a panel of three Justices or to the Court en Banc. The criteria for determining when a matter may be scheduled ab initio for a determination by the Court en Banc shall be set forth in the Internal Operating Procedures of the Court.(c) Assignment of cases. -Except as provided in paragraphs (a), (b) and (g), all cases which proceed through complete briefing shall be assigned, on a rotation basis, for disposition by the Chief Justice to panels of three Justices and shall be heard as they come to issue, unless otherwise ordered by the Court. All other cases shall be considered by a Motion Justice panel for disposition.(d) Rehearing by Court. -In the event a panel is unable to reach a unanimous decision in a case under submission, or in the event that there is a reasonable likelihood that a prior decision of the Court may be modified or overruled, the presiding Justice of the panel, if not the Chief Justice, shall so notify the Chief Justice, or the senior Justice if the Chief Justice is disqualified, in writing, and the case shall thereupon be scheduled on a priority basis for rehearing and determination by the Court en Banc without further briefing unless ordered by the Court. Rehearing by the Court en Banc shall be as to all issues on appeal unless the Court otherwise orders.(e) Unanimous decision of panel deemed decision of Court. -A unanimous decision of a panel of 3 Justices shall be deemed the decision of the Court in the case, subject to the provisions of paragraph (f) hereof.(f) Motion for Rehearing en Banc. -There shall be no Rehearing en Banc, if the unanimous decision of a panel of 3 Justices provides for a mandate to issue forthwith. In all other cases, a motion for Rehearing before the Court en Banc may be filed with the Clerk within 15 days after filing of the Court's opinion or order pursuant to Rule 17 unless the time is enlarged or shortened by the Court. The motion shall succinctly state the grounds therefor and shall be supported by a certificate of counsel or pro se certificate that it is presented in good faith and not for delay. The motion shall not be subject to oral argument and an answer or response shall not be permitted unless requested by the Court. A motion for rehearing under this rule may be based upon any of the following grounds: (i) Important question. -The proceeding involves a question of exceptional importance;(ii) Maintain uniformity. -Consideration by the Court en Banc is necessary to secure or maintain uniformity in Supreme Court decisions;(iii) Modify or overrule. -The case may be controlled by a prior decision of the Court which should be reconsidered or which may be overruled or modified. The motion shall state with particularity the grounds therefor and shall include a copy of the opinion as to which rehearing is sought. A motion for rehearing before the Court en Banc shall be granted upon the affirmative vote of 2 or more of the qualified and available members of the Court. Denial of a motion for rehearing is not subject to a motion for reargument. The motion shall conform to the page and form requirements of Rules 30 and 13.
(g) Hearing en Banc ab initio by affirmative vote. -Any case may be set for hearing en Banc ab initio upon the affirmative vote of 2 or more of the qualified and available members of the Court.(h) Composition of motion panel to consider and determine motions. -The panel of Justices to consider and determine motions and other applications that require action by a panel, other than those governed by a specific rule or previously submitted to another panel of the Court, shall normally consist of the current month's Motion Justice, the previous month's Motion Justice and the next month's Motion Justice. If a member of a Motion Justice's panel has entered a disqualification in a case, the next qualified and available Justice in the monthly rotation schedule shall replace the disqualified Justice in that case.Amended effective 3/16/2009.