§ 15.2 Oral Argument in The Court of Appeals and Supreme Court—Title 11 Rap

• Jurisdiction: Washington

§15.2 ORAL ARGUMENT IN THE COURT OF APPEALS AND SUPREME COURT—TITLE 11 RAP

Title 11 of the Rules of Appellate Procedure governs the rules and procedures for oral arguments before a panel deciding the merits of an appeal. Oral argument on motions, which are generally decided by a single appellate court commissioner or clerk, is governed by RAP 17.5 and discussed in Chapter 10 of the deskbook.

(1) Date, time, and place of argument

The Supreme Court and the three divisions of the Court of Appeals have different procedures for establishing the date, time, and place of oral argument.

(a) When

The appellate court clerk notifies the parties and amicus, if any, of the date, time, and place of oral argument, and, in the Court of Appeals, the members of the court making up the panel. RAP 11.3(a). Notice generally is given by letter e-mailed at least two months ahead of the hearing date. A request to change the date of oral argument should be made by motion within 15 days of receiving the e-mail notice of the argument setting. RAP 11.3(b). A request to continue an oral argument date is not comparable to requesting a continuance of a trial. The appellate courts' oral argument calendaring processes are very rigid. Accordingly, the time to avoid a conflict is before the court sets argument on a problematic date.

All of the divisions publish upcoming hearing dates online. Counsel can find potential argument dates on the Washington Courts website by clicking on "Courts," and then clicking "Oral Argument Dates" under each division's heading. See WASHINGTON COURTS, http:// www.courts.wa.gov (last visited Mar. 8, 2015). The clerks of the three divisions will generally avoid setting a case on a date when arguing counsel is unavailable if counsel has notified the clerk by letter before the case is set. If counsel asks to reschedule after oral argument has been set, there is a significant risk the court will deny the request.

The Supreme Court's scheduling process differs somewhat from the process in the Court of Appeals. Shortly after the court accepts a case for review, the clerk's office will notify counsel by e-mail of potential argument dates in the court's upcoming term. Counsel should reply to the clerk's e-mail with conflict dates. In most cases, counsel can count on the court not scheduling argument on an excluded date.

(b) Where

The Supreme Court ordinarily hears argument at the Temple of Justice in Olympia. From time to time, the court holds argument at other locations around the state.

Division I ordinarily hears argument at the court's One Union Square courtroom in downtown Seattle. Occasionally the court will schedule oral argument in Snohomish or Whatcom County, as well as at local law schools and universities.

Division II hears argument at its courtroom in Tacoma, located on the third floor of the Broadway Building. Although budget constraints have reduced this practice, the court has also adopted programs to bring the court closer to students and the community by hearing oral arguments at colleges and high schools throughout the division.

Division III hears argument at the appellate courthouse in Spokane and, when budgets allow, has held argument at other locations, including Richland, Walla Walla, Yakima, Prosser, and Wenatchee. The court also has adopted programs to bring the court closer to students and the community by hearing oral argument at high schools, colleges, and universities within the division.

The Supreme Court and each division of the Court of Appeals traditionally had seasonal terms for oral argument. These included the September term, January term, and May term, because each began in the designated month. (They were also called Fall, Winter, and Spring terms.)

The Supreme Court remains on the seasonal term system and does not ordinarily hear cases in July, August, or December. Division III also continues to set cases on the traditional seasonal schedule, and generally will not hear cases in July or August. Division II now sets calendars in cycles; the court sits eight cycles per year, beginning in September and concluding in July. A cycle consists of two weeks of arguments and approximately four weeks of writing. The court considers 54 to 63 cases per cycle and posts the calendar blocks on the court website. Division I currently calendars seven mini-terms per year, sitting every six weeks for blocks of approximately two weeks. The court does not ordinarily hear cases in August and December.

The Supreme Court starts argument at 9:00 a.m. and at 1:30 p.m., with two cases scheduled in the morning and two in the afternoon. Division I starts argument at 9:30 a.m., with six to eight cases on the calendar.

Division II sets oral argument at 9:00 a.m. and 10:00 a.m. The court...