Post-Trial and Appeals

Appeals

Appellate Panel

Appellate Panel

Appellate Panel

Federal courts of appeals hear cases in three-judge panels. Panel composition is generally not disclosed until shortly before argument, and a panel decision binds the circuit unless overturned en banc.

Panel assignment is random in most circuits.

Alternative Names:

Panel, Three-Judge Panel

Why it Matters?

Panel composition materially affects outcomes on questions where circuit judges have expressed differing views, and researching the assigned judges' prior opinions on the issue is standard preparation once composition is disclosed. That research informs how to frame the argument rather than whether to make it. Panel decisions bind the circuit, which is why an adverse panel ruling on a recurring issue warrants en banc consideration.

Frequently asked questions

When is panel composition disclosed?

Why does composition matter?