Short answer. The case is deliberated on again, and if no decision is still reached, an original action is dismissed, a judgment or order appealed from stands affirmed, and any incidental petition or motion is denied — so a deadlock does not leave the case unresolved indefinitely.
What the law says
Where the court en banc is equally divided in opinion, or the necessary majority cannot be had, the case shall again be deliberated on, and if after such deliberation no decision is reached, the original action commenced in the court shall be dismissed; in appealed cases, the judgment or order appealed from shall stand affirmed; and on all incidental matters, the petition or motion shall be denied.
Rule 56, Section 7 — Procedure if opinion is equally divided. Read the full provision →
A second round of deliberation first
Rule 56, Section 7 does not let an equally divided Supreme Court en banc simply leave a case unresolved. Instead, it requires the case to be deliberated on again, giving the justices a further opportunity to reach the necessary majority before any default outcome applies, rather than locking in a deadlock-driven result the moment the first vote fails to produce a majority.
Different defaults for different case types
If deliberation is repeated and still no decision is reached, the section supplies three separate default outcomes depending on the type of matter. An original action commenced directly in the court — such as one of the special civil actions the Supreme Court can hear originally — is dismissed. An appealed case, by contrast, results in the judgment or order being appealed from simply standing affirmed, since there was no majority to overturn it.
Incidental matters default to denial
For anything falling outside those two categories — described as incidental matters, such as a petition or motion filed within an ongoing case rather than the main action or appeal itself — the default when the court cannot reach a decision is denial. Across all three outcomes, the section ensures a deadlock still produces a definite legal result rather than indefinite limbo.
Why the defaults favor the existing state of affairs
Each of the three defaults preserves whatever already exists rather than creating a new outcome out of a deadlock: an unresolved original action is dismissed rather than granted, an appealed judgment stands affirmed rather than reversed, and an incidental motion is denied rather than granted. This consistent pattern means a party seeking to change the status quo bears the risk if the Court cannot muster a majority, while the party defending it benefits from the tie, giving every category of case a clear, predictable resolution even without a true majority vote.
Related provisions
- Rule 56, Section 7 — Procedure if opinion is equally divided
- Rule 56, Section 6 — Disposition of improper appeal