Order Granting or Denying En Banc Review

Foreign Intelligence Surveillance Court Rules of Procedure

Rule: 53

Jurisdiction: US

Bluebook Citation: FISC R. 53

(a) Entry of Order. If a majority of the Judges votes within the time allotted for polling that a matter be considered en bane, the Presiding Judge must direct the Clerk to enter an order granting en bane review. If a majority of the Judges does not vote to grant hearing or rehearing en bane within the time allotted for polling, the Presiding Judge must direct the Clerk to enter an order denying en bane review. (b) Other Issues. The Presiding Judge may set the time of an en bane hearing and the time and scope of any supplemental hearing in the order granting en bane review. The -13- order may also address whether and to what extent the challenged order or ruling will be stayed or remain in effect pending a decision by the en bane Court on the merits. Title IX. Appeals

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