---
kind: "section"
citation: "32 C.F.R. § 150.17"
title: "32"
number: "150.17"
heading: "En banc proceedings."
url: "https://uscodex.org/cfr/32/150.17"
---

# §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)](/cfr/32/150.15.md?p=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](/cfr/32/150.19.md) 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.

## Notes

### Authority

Authority: Article 66(f), Uniform Code of Military Justice (10 U.S.C. § 866(f) (1994)).

### Source

Source: 62 FR 2017, Jan. 15, 1997, unless otherwise noted.