Rule 5:3. Convening of Court — When En Banc — When in Division

(a) This Court will sit en banc or in divisions.

(b) Whenever four or more of the Justices are convened, this Court is deemed to be sitting en banc and vested with all of the powers of this Court. Whenever three of the Justices are convened, this Court is deemed to be sitting as a division, and vested with all of the powers of a division of this Court.

(c) If the Justices composing any division differ as to the judgment to be rendered in any case, or if, within 10 days after the decision is rendered by the division any Justice of such division files in the office of the clerk of this Court a certificate that, in the opinion of the Justice, such decision is in conflict with a prior decision of this Court or of one of the divisions thereof, or if this Court so determines, the case will be reheard and decided by this Court sitting en banc.

Committee Notes

Promulgated by Order dated Friday, April 30, 2010; effective July 1, 2010. Last amended by Order dated November 1, 2021; effective January 1, 2022.