2001 Legal Content Inc. No Claim to Original U.S. Government Works. Panels consist of the assigned judge and two other judges, selected by the Clerk at random with due regard to each judge's workload or availability. The Clerk provides copies of the docket, the record, the briefs, the screening judge's calendaring instructions, and CLS memoranda to the other panel members. The names of the panel members are made public. Publication of the names of the panel members does not guarantee that the composition of the panel will remain the same.
Substitution is made by the Clerk at random, with due regard to workload or availability.
Oral argument is allowed when ordered by the Court. Normally, oral argument is heard only by a panel of three judges upon the request of any judge. Exceptions may be made as circumstances require. Only the Court, sitting en banc, orders or grants a request for oral argument en banc. Each party is usually allowed thirty minutes in which to make argument.