En banc or in bank is a term used to refer to the hearing of a case by all the judges of a court. Appellate courts in the United States sometimes grant rehearing en banc to reconsider a decision of a panel of the court, where the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. More rarely, an appellate court will order hearing en banc as an initial matter. Very rarely, a trial court may hear a matter en banc if, for example, uniformity of decisions on a recurring matter is important and unusual circumstances prevent appellate review.
California prefers to use English versions of legal terms whenever possible. Thus, one occasionally sees the inscription "IN BANK" on California Supreme Court opinions published before the court began routinely sitting en banc on all cases (prior to 1960, most cases were disposed of by three-justice panels). In French, en banc means "in bench", which seems a more appropriate translation than "IN BANK" given that judges sit, as a group, on the "bench".
Enbanc or in bank is a term used to refer to the hearing of a case by all the judges of a court.
Appellate courts in the United States sometimes grant rehearing enbanc to reconsider a decision of a panel of the court, where the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court.
Very rarely, a trial court may hear a matter enbanc if, for example, uniformity of decisions on a recurring matter is important and unusual circumstances prevent appellate review.
Appeals heard "enbanc" are considered by the full membership of a court (or, in the Ninth Circuit, by an eleven-judge panel), rather than by a panel consisting of three judges.
Enbanccourts "are convened only when extraordinary circumstances exist that call for authoritative consideration and decision by those charged with the administration and development of the law of the circuit." United States v.
Given the singularly important role that enbanccourts fulfill in the federal appellate process, it is unfortunate that the procedure for determining whether to take an appeal enbanc is the subject of a contentious circuit split.