28 U.S.C. § 46 : US Code - Section 46: Assignment of judges; panels; hearings; quorum

Search 28 U.S.C. § 46 : US Code - Section 46: Assignment of judges; panels; hearings; quorum

(a) Circuit judges shall sit on the court and its panels in such
order and at such times as the court directs.
(b) In each circuit the court may authorize the hearing and
determination of cases and controversies by separate panels, each
consisting of three judges, at least a majority of whom shall be
judges of that court, unless such judges cannot sit because recused
or disqualified, or unless the chief judge of that court certifies
that there is an emergency including, but not limited to, the
unavailability of a judge of the court because of illness. Such
panels shall sit at the times and places and hear the cases and
controversies assigned as the court directs. The United States
Court of Appeals for the Federal Circuit shall determine by rule a
procedure for the rotation of judges from panel to panel to ensure
that all of the judges sit on a representative cross section of the
cases heard and, notwithstanding the first sentence of this
subsection, may determine by rule the number of judges, not less
than three, who constitute a panel.
(c) Cases and controversies shall be heard and determined by a
court or panel of not more than three judges (except that the
United States Court of Appeals for the Federal Circuit may sit in
panels of more than three judges if its rules so provide), unless a
hearing or rehearing before the court in banc is ordered by a
majority of the circuit judges of the circuit who are in regular
active service. A court in banc shall consist of all circuit judges
in regular active service, or such number of judges as may be
prescribed in accordance with section 6 of Public Law 95-486 (92
Stat. 1633), except that any senior circuit judge of the circuit
shall be eligible (1) to participate, at his election and upon
designation and assignment pursuant to section 294(c) of this title
and the rules of the circuit, as a member of an in banc court
reviewing a decision of a panel of which such judge was a member,
or (2) to continue to participate in the decision of a case or
controversy that was heard or reheard by the court in banc at a
time when such judge was in regular active service.
(d) A majority of the number of judges authorized to constitute a
court or panel thereof, as provided in paragraph (c), shall
constitute a quorum.