Over 95 percent of appellate cases are decided by rotating three-judge panels

Evidence

The courts of appeals hear more than 95 percent of their cases in three-judge panels, deciding cases by majority vote. This means that several cases can be heard simultaneously by different three-judge panels, often sitting in various cities throughout the circuit. In some cases the judges decide on the basis of the written record from the lower court and the legal briefs submitted by the attorneys on each side. In particularly important cases, however, counsel for each side may present oral argument as well. — G. Alan Tarr, Judicial Process and Judicial…, 293

Categorization

  • XREF: Connects to classroom discussion of appellate procedure and briefs vs. oral argument in the judicial process course. — connects to: Rotating opinion assignment makes assigned judges unusually influential on appellate panels — G. Alan Tarr, Judicial Process and Judicial…, 1597; Appellate courts vary in how much discretion they exercise over which cases to hear. — G. Alan Tarr, Judicial Process and Judicial…, 1462

Broader Connections