Upon request of any judge, the foregoing time periods may be shortened at the discretion of the chief judge. The time for voting may be extended by the chief judge for any judge who is absent from the court for all or substantially all of the voting period. Any regular active judge who does not timely vote shall be deemed to have abstained.
At the end of the en banc voting period the director of central staff shall tabulate the votes and notify all judges and the clerk of the results. Upon an evenly divided vote on a request for en banc consideration, any judge may call for conference discussion of the issues and may poll the members of the court for a vote on reconsideration. If the court remains evenly divided, the request for en banc consideration fails.
When there is a vote by the majority of the judges participating in favor of en banc consideration, the clerk shall:
(2) issue an order notifying the parties that the proceeding will be determined en banc; and
(3) take no further action on the case except at the direction of the chief judge or of the court en banc.
