Code of Federal Regulations (Last Updated: October 10, 2024) |
Title 32 - National Defense |
Subtitle A - Department of Defense |
Chapter I - Office of the Secretary of Defense |
SubChapter E - Regulations Pertaining to Military Justice |
Part 150 - Courts of Criminal Appeals Rules of Practice and Procedure |
§ 150.4 - Quorum.
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§ 150.4 Quorum.
(a) In panel. When sitting in panel, a majority of the judges assigned to that panel constitutes a quorum for the purpose of hearing or determining any matter referred to the panel. The determination of any matter referred to the panel shall be according to the opinion of a majority of the judges participating in the decision. However, any judge present for duty may issue all necessary orders concerning any proceedings pending on panel and any judge present for duty, or a clerk of court or commissioner to whom the Court has delegated authority, may act on uncontested motions, provided such action does not finally dispose of a petition, appeal, or case before the Court.
(b) En banc. When sitting as a whole, a majority of the judges of the Court constitutes a quorum for the purpose of hearing and determining any matter before the Court. The determination of any matter before the Court shall be according to the opinion of a majority of the judge participating in the decision. In the absence of a quorum, any judge present for duty may issue all necessary orders concerning any proceedings pending in the Court preparatory to hearing or decision thereof.