 All cases are heard by a three-justice panel unless a hearing "en banc" is ordered (except where a particular court has only three justices assigned to it, in which instance all cases are automatically heard "en banc"; an example is the 12th Court of Appeals).The "en banc" process is used to maintain consistency in the court's jurisprudence, to overrule existing precedent that is binding on individual panels, and to set new precedent on an unsettled question of substantive law or procedure.The Texas Legislature determines which counties are included within a particular court of appeals' district, and has shifted counties between courts to balance the docket.