(a) A quorum is a majority of a panel or of the court en banc. See 28 U.S.C. § 46. If less than a quorum is present at any court session, any judge who attends may adjourn the session, or, if no judge is present, the clerk may adjourn the session.

(b) After a matter has been assigned to a three-judge panel, if for any reason a panel judge ceases to participate in consideration of the matter, the two remaining judges may -- if they agree -- decide the matter, or may request the clerk to designate a third judge by random selection. If a third judge is designated, the clerk will advise the parties. Additional briefs and argument are not permitted unless the court orders otherwise.

Last modified at 12/16/2009