VIRGIN ISLANDS RULES OF APPELLATE PROCEDURE Rule 27. Oral Argument

• Jurisdiction: United States

Rule 27. Oral Argument

(a) In General. Oral argument will normally be allowed in all cases unless the Supreme Court determines after examination of the briefs and record that oral argument is not needed. Oral argument will seldom be permitted in matters in which one of the parties appears pro se. In certain appeals, the Clerk of the Supreme Court will inform the parties of the issues that the panel wishes the parties to address.

In determining the need for oral argument, the Supreme Court will consider whether:

(1) the appeal is frivolous; or
(2) the dispositive issue or set of issues has been recently authoritatively decided; or
(3) the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument.

(b) Notice of Argument; Postponement. The Clerk of the Supreme Court shall advise all parties whether oral argument is to be heard, and if so, of the time and place therefor, and the time to be allowed each side. Postponement will be permitted rarely, and only in extraordinary circumstances.

(c) Order and Content of Argument. The appellant is entitled to open and conclude the argument if time is reserved for rebuttal. The opening argument shall include a fair statement of the case. Counsel will not read at length from briefs, records, or authorities.

(d) Cross and Separate Appeals. A cross or separate appeal shall be argued with the initial appeal as a single argument, unless the Supreme Court otherwise directs. If a case involves a cross appeal, the party who first files a notice of appeal, or in the event that the notices are filed on the same day, the plaintiff in the proceeding below shall be deemed the appellant for the purpose of this Rule, unless the parties otherwise agree or the...