PART II — THE COURT AND ITS ADMINISTRATION
Rule 10. Quorum, voting, and inability to act
Quorum
Three Justices constitute a quorum to decide a matter required to be heard by the Court.
Participation
Only a Justice who is not disqualified and who has reviewed the material necessary for decision may vote. A vacancy or temporary absence does not reduce the statutory quorum.
Majority
Except where the Constitution, a statute, or these Rules require another threshold, an action of the Court requires a majority of participating Justices when a quorum participates.
Equally divided Court
If the participating Justices are equally divided:
the judgment under review is affirmed without precedential effect;
an application or motion is denied;
a grant of discretionary review is not entered; or
in an original matter, no relief is granted.
The order must state that the Court was equally divided but need not disclose an internal vote unless a Justice publishes a separate statement.
No quorum
Without a quorum, the Court may not decide the merits. It may:
adjourn;
direct the Clerk to continue deadlines;
preserve the status quo through a temporary order otherwise authorized by law;
dismiss only if dismissal is ministerial or unanimously requested by all parties and lawful; or
hold the matter until a quorum exists.
Change in membership after submission
A Justice appointed after oral argument may participate only after reviewing the full record, briefs, and official recording or transcript. The Court may order reargument.