Legal Definitions - sitting

The term sitting refers to a period when a court is formally in session and actively conducting judicial business. This can include hearing arguments, taking testimony, or delivering rulings.

There are specific types of sittings that describe particular circumstances or configurations of the court:

• En Banc Sitting

  An en banc sitting occurs when all the judges of a particular court, or a sufficient quorum of them, participate in hearing a case. This is most common in appellate courts, where cases are usually heard by a smaller panel of judges. An en banc sitting is typically convened for cases of exceptional importance, to resolve conflicts between decisions made by different panels of the same court, or to reconsider a significant legal question.

  • Example: After a three-judge panel of the U.S. Court of Appeals issued a ruling that created a significant split with decisions from other federal circuits on a crucial environmental regulation, the full court decided to rehear the case with all twelve of its active judges present.

    Explanation: This scenario illustrates an en banc sitting because the entire complement of judges on the appellate court is participating in the review of the case, indicating its legal significance and the court's desire for a unified and authoritative decision on the matter.

• In Camera Sitting

  An in camera sitting is a private court session conducted by a judge in chambers or elsewhere outside the public courtroom. These sessions are held when sensitive information needs to be discussed or reviewed without public disclosure, such as protecting trade secrets, classified government information, or the privacy of vulnerable individuals like minors in certain family law cases. Only the judge, attorneys, and relevant parties are typically present.

  • Example: During a child custody dispute, the judge met privately in her chambers with the child's court-appointed attorney and both parents' lawyers to review a confidential psychological report about the child, ensuring the sensitive details were not revealed in open court.

    Explanation: This is an in camera sitting because the session was conducted privately, away from the public courtroom, to handle highly sensitive personal information about a minor without compromising their privacy or potentially causing further distress by public disclosure.