(1)Panels. Except in death penalty appeals or other cases where the Court has determined that en banc consideration is desirable, cases are typically assigned for consideration to a panel of three Justices. (2)Composition of panel. The composition of a panel is typically random. Unless there are disqualifications, vacancies, or other scheduling conflicts by three or more Justices, each panel includes only active Justices of the Court. Other than hearings by the Court en banc, a rotating schedule automatically designates the three-Justice panels to hear each case, taking into consideration any notices of disqualification which have been filed. The Court also seeks an even distribution of the judicial caseload between all panels and Justices. Panels are not composed with a view to the matter in dispute. There is thus no consideration of developing subject matter specialists among the Justices when making case assignments. (3)Identity of panel. The composition of a panel for a given case is not announced before oral argument. When cases are considered on the briefs without oral argument, counsel are informed that such submission on the briefs has taken place. The names of the panel members are not disclosed unless requested by counsel for any party after a submission on the briefs. The Clerk's office does add the panel's identity to the docket sheet after the date of submission on the briefs. (4) Presiding Justice. The Chief Justice is the presiding Justice. In the absence of the Chief Justice, the presiding Justice is that Justice of the Court in active service next in seniority. (5)Seating in Court. The panel assembles in the robing room before the opening of Court. The next-ranking Justice sits to the right of the presiding Justice facing the courtroom from the bench. Seating of the Justices continues from left to right in order of the seniority of their commissions, followed by visiting active or retired jurists. (6)Conflict of precedent. The holding of the Court en banc or a panel in an opinion or order is binding on the entire court and on subsequent panels. Thus, no subsequent panel can overrule a prior holding of the Court without consideration by the Court en banc.Del. Sup. Ct. Int. Opp. P. IX
Adopted effective 6/18/2015