Section 65.41. Argument Before a Court En Banc

A. When argument before an en banc Court is granted, the President Judge shall direct the Prothonotary to schedule such argument at the next available session. The judges to hear argument shall be selected by the President Judge and shall include, insofar as practicable, the author of the panel opinion, the author of a dissenting opinion, and, where appropriate, the author of a prior opinion which is being reconsidered. Assignments to the Court en banc as far as possible shall be equalized during the course of each year. The presiding judge shall be the commissioned judge highest in seniority except when the Court en banc includes the President Judge, who shall then be the presiding judge.

B. Where en banc argument is limited to one or more but less than all issues raised by an appellant, counsel shall be notified regarding the specific issues on which the Court en banc desires to hear argument.

C. Before or after argument before the Court en banc, the Court may vote that en banc consideration was improvidently granted. In such event, the previous panel decision in the matter shall be reinstated or, if there is no previous panel decision in the matter, the case shall be listed before the next available panel of this Court.

The provisions of this § 65.41 amended and effective May 30, 1991, 23 Pa.B. 1939. Immediately preceding text appears at serial page (149384).