En banc

What en banc means

In practice, you will see en banc in pleadings, motions, orders and court rules. The definition above explains the general meaning. Even so, the meaning can shift with context. Therefore, always read it alongside the rule or document where it appears.

Where en banc comes up

For example, the term appears in these procedures:

• Petition for Rehearing or Rehearing En Banc (Fed. R. App. P. 40): a request that the court of appeals reconsider its decision, either by the same panel or by all the active judges sitting en banc. Under Rule 40 as amended in 2024, panel rehearing is the ordinary way to reconsider a panel decision, and rehearing en banc is not favored. En banc rehearing ordinarily will be allowed only if one of the criteria in Rule 40(b)(2) is met, such as a conflict with Supreme Court or circuit precedent or a question of exceptional importance.

How to research the term

First, read the term where it actually appears. A rule, statute or court decision may define it for its own purposes. Next, check whether your court has a local rule that uses en banc in a special way. Then look at recent decisions from courts in your jurisdiction. They show how judges apply the term today. Also, remember that state law can differ from federal law. For that reason, use our state procedures guide to find your state’s rules. Finally, confirm every source is current before you rely on it.

You can read the official rule text online for free.

Related legal terms

• Mandate: the formal order an appellate court sends to the lower court telling it the appeal has been decided and directing further action. In the federal courts of appeals, Federal Rule of Appellate Procedure 41 governs when the mandate issues.
• Rehearing: a second hearing of a case by the same court to reconsider its decision. In the federal courts of appeals, a party may petition for panel rehearing or rehearing en banc under Federal Rule of Appellate Procedure 40.
• Domestic asset protection trust: a self-settled, irrevocable trust that a state statute allows to protect the settlor's property from many creditors if strict requirements are met.
• Driver's license: a state-issued license that permits a person to drive a motor vehicle on public roads. Every state requires one. Courts have long upheld state licensing and registration laws for drivers, for example in Hendrick v. Maryland, 235 U.S. 610 (1915).

Why precise terms matter

Legal words often look like everyday words, but they can carry a precise meaning. Because of that, a small misreading can change how you understand a deadline, a duty or a right. Our glossary keeps each definition short and links it to the procedures where it matters.