(a) In General.
(1) Party’s Statement.
Any party may file, or a court may require by local rule, a
statement explaining why oral argument should, or need not,
Oral argument must be allowed in every case unless a panel
of three judges who have examined the briefs and record
unanimously agrees that oral argument is unnecessary for any
of the following reasons:
(A) the appeal is frivolous;
(B) the dispositive issue or issues have been
authoritatively decided; or
(C) 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 must advise all parties whether oral argument will
be scheduled, and, if so, the date, time, and place for it,
and the time allowed for each side. A motion to postpone the
argument or to allow longer argument must be filed reasonably
in advance of the hearing date.
(c) Order and Contents of Argument.
The appellant opens and concludes the argument. Counsel must
not read at length from briefs, records, or authorities.
(d) Cross-Appeals and Separate Appeals.
If there is a cross-appeal, Rule 28.1(b) determines which
party is the appellant and which is the appellee for purposes
of oral argument. Unless the court directs otherwise, a
cross-appeal or separate appeal must be argued when the
initial appeal is argued. Separate parties should avoid
(e) Nonappearance of a Party.
If the appellee fails to appear for argument, the court must
hear appellant’s argument. If the appellant fails to appear
for argument, the court may hear the appellee’s argument. If
neither party appears, the case will be decided on the briefs,
unless the court orders otherwise.
(f) Submission on Briefs.
The parties may agree to submit a case for decision on the
briefs, but the court may direct that the case be argued.
(g) Use of Physical Exhibits at Argument; Removal.
Counsel intending to use physical exhibits other than
documents at the argument must arrange to place them in the
courtroom on the day of the argument before the court
convenes. After the argument, counsel must remove the exhibits
from the courtroom, unless the court directs otherwise. The
clerk may destroy or dispose of the exhibits if counsel does
not reclaim them within a reasonable time after the clerk
gives notice to remove them.
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Last modified at 12/16/2009