Third Circuit amends internal procedures involving initial en banc review

The Third Circuit today issued an updated version of its internal operating procedures, link here, along with an announcement describing the update, link here.

The gist of it is that the court has amended the IOPs to clarify the standard the court applies when deciding whether to grant initial en banc hearing — that is, en banc review before any panel decision. New IOP 9.2 states (using language previously in 9.4.2 and 9.5.4) that initial en banc hearing is extraordinary and occurs only when a majority “determines that the case is controlled by a prior decision of the court which should be reconsidered and the case is of such immediate importance that exigent circumstances require initial consideration by the full court.” The announcement states that the purpose of the amendment is “to provide a consistent procedure.”