32 CFR § 150.17 - En banc proceedings.

---
identifier: "/us/cfr/t32/s150.17"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "32 CFR § 150.17 - En banc proceedings."
title_number: 32
title_name: "National Defense"
section_number: "150.17"
section_name: "En banc proceedings."
chapter_name: "OFFICE OF THE SECRETARY OF DEFENSE"
subchapter_number: "E"
subchapter_name: "REGULATIONS PERTAINING TO MILITARY JUSTICE"
part_number: "150"
part_name: "COURTS OF CRIMINAL APPEALS RULES OF PRACTICE AND PROCEDURE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "Article 66(f), Uniform Code of Military Justice (10 U.S.C. § 866(f) (1994))."
regulatory_source: "62 FR 2017, Jan. 15, 1997, unless otherwise noted."
cfr_part: "150"
---


# 150.17 En banc proceedings.

(a)(1) A party may suggest the appropriateness of consideration or reconsideration by the Court as a whole. Such consideration or reconsideration ordinarily will not be ordered except:

(i) When consideration by the full Court is necessary to secure or maintain uniformity of decision, or

(ii) When the proceedings involve a question of exceptional importance, or

(iii) When a sentence being reviewed pursuant to Article 66 extends to death.

(2) In cases being reviewed pursuant to Article 66, a party's suggestion that a matter be considered initially by the Court as a whole must be filed with the Court within 7 days after the government files its answer to the assignment of errors, or the appellant files a reply under § 150.15(b). In other proceedings, the suggestion must be filed with the party's initial petition or other initial pleading, or within 7 days after the response thereto is filed. A suggestion for reconsideration by the Court as a whole must be made within the time prescribed by § 150.19 for filing a motion for reconsideration. No response to a suggestion for consideration or reconsideration by the Court as a whole may be filed unless the Court shall so order.

(b) The suggestion of a party for consideration or reconsideration by the Court as a whole shall be transmitted to each judge of the Court who is present for duty, but a vote need not be taken to determine whether the cause shall be considered or reconsidered by the Court as a whole on such a suggestion made by a party unless a judge requests a vote.

(c) A majority of the judges present for duty may order that any appeal or other proceeding be considered or reconsidered by the Court sitting as a whole. However, en banc reconsideration of an en banc decision will not be held unless at least one member of the original majority concurs in a vote for reconsideration.

(d) This rule does not affect the power of the Court *sua sponte* to consider or reconsider any case sitting as a whole.