Title 15, Chapter 3, Section 1
(a) Composition. The Court of Appeals shall consist of 12 Judges who
shall elect one of their number as Chief Judge, in such manner and
for such time as may be prescribed by rule or order of the court.
(b) Divisions. The court shall sit in divisions composed of three
Judges in each division. Two Judges shall constitute a quorum of a
division. The assignment of Judges to each division shall be made
by the Chief Judge, and the personnel of the divisions shall from
time to time be changed in accordance with rules prescribed by the
court. The Chief Judge shall designate the Presiding Judges of the
divisions and shall, under rules prescribed by the court, distribute
the cases among the divisions in such manner as to equalize their
work as far as practicable.
(c) How cases heard.
(1) Each division shall hear and determine, independently of the
others, the cases assigned to it, except that the division next in
line in rotation and a seventh Judge shall participate in the
determination of each case in which there is a dissent in the
division to which the case was originally assigned.
(2) In all cases which involve one or more questions which, in the
opinion of the majority of the Judges of the division or of the
two divisions plus a seventh Judge to which a case is assigned,
should be passed upon by all the members of the court, the
questions may be presented to all the members of the court; and if
a majority of all the members of the court decide that the
question or questions involved should, in their judgment and
discretion, be decided by all the members of the court, the case
shall be passed upon by all the members of the court, provided
that a majority of the Judges passing upon the case concur in the
(3) In neither class of cases referred to in this subsection shall
there be oral argument except before the division to which the
cases are originally assigned.
(d) How decision overruled. It being among the purposes of this Code
section to avoid and reconcile conflicts among the decisions made by
less than all of the Judges on the court and to secure more
authoritative decisions, it is provided that when two divisions plus
a seventh Judge sit as one court the court may, by the concurrence
of a majority, overrule any previous decision in the same manner as
prescribed for the Supreme Court. As precedent, a decision by such
court with a majority concurring shall take precedence over a
decision by any division or two divisions plus a seventh Judge. A
decision concurred in by all the Judges shall not be overruled or
materially modified except with the concurrence of all the Judges.
(e) Quorum. When all the members of the court are sitting together
as one court, seven Judges shall be necessary to constitute a
quorum. In all cases decided by such court as a whole by less than
12 Judges, the concurrence of at least seven shall be essential to
the rendition of a judgment.
(f) Oral arguments. The Court of Appeals may hear oral arguments at
places other than the seat of government. Reasonable notice shall
be given of such hearings.
(g) Assistance of other judges; procedure. Whenever the court unanimously determines that the business of the court requires the temporary assistance of an additional judge or additional judges or one additional panel, the court may request the assistance of senior appellate judges as provided in Chapter 3A of this title or senior superior court judges as provided in Code Section 47-23-101. The Judge whose case assignment is transferred to the additional judge shall not vote on the case.