§ 10.5 Oral Argument

• Jurisdiction: Washington

§10.5 ORAL ARGUMENT

Although practice varies among the divisions of the Court of Appeals and the Supreme Court, most motions are decided without oral argument. This section discusses timing and conduct of oral argument in the Supreme Court and the Court of Appeals, including argument by telephone conference.

(1) Motions before a panel or department

Unless otherwise ordered, a motion to be determined by a panel or department of judges is decided without oral argument. RAP 17.5(b). The judges or justices conference on the motion hearing day and decide the motions scheduled for "hearing" on that date. If a party desires oral argument before the court, the party should request it by motion.

Many motions are referred to the panel or department deciding the merits. For instance, the clerk's office will frequently refer a motion to strike a portion of a brief to the panel considering the merits of the appeal, or refer a motion to strike a reply to an answer to a petition for review to the department considering whether to accept review. See, e.g., City of Spokane v. Beck,130 Wn.App. 481, 485, 123 P.3d 854 (2005) (panel considered a motion to strike a portion of respondent's brief), review denied,157 Wn.2d 1022 (2006); Cannabis Action Coal. v. City of Kent, 180 Wn.App. 455, 468 n.10, 322 P.3d 1246 (Supreme Court transferred an appeal first brought on direct review to Division I along with two unresolved motions to strike portions of appellants' reply brief), review granted,336 P.3d 1165 (2014).

When oral argument on the merits has been set, even minor procedural motions may be referred to the panel. Bldg. Indus. Ass'n of Wash. v. McCarthy,152 Wn.App. 720, 733, 218 P.3d 196 (2009) (passing a motion to substitute a party and a motion to strike a statement of additional authorities to the panel on the merits).

(2) Motions before a commissioner

In the Supreme Court...