Chapter 18-7 Oral Argument

• Jurisdiction: United States

18-7 Oral Argument

The appellate court may decide oral argument is warranted in any case, and either party may request oral argument.⁷⁴ A party's request is made by filing and serving a one-page document titled Request for Oral Argument. If a party requests argument, the request must be made no later than fifteen days after the last brief is due to be served.⁷⁵ Should the court decide argument is appropriate, it will schedule argument and send a notice to the parties identifying the date and time at which the matter will be considered by a panel of three judges. At oral argument, each side is typically afforded twenty minutes for argument, but the court has the right to limit or extend argument. The court may also decide to forego argument and decide the case on the briefs, in which case it will issue an order dispensing with argument. Even if the court dispenses with argument, the case will be decided by a panel of three judges.

If a matter is set for oral argument, attorneys should take note that the twenty minutes allotted for each side is not a twenty-minute presentation or speech. Frequently, attorneys will have time for little more than an introductory statement before the panel begins questioning. The court will already be familiar with the case, as court staff prepares a...