Oral argument may be permitted in any proceeding. A request for oral argument shall be in a separate document served by a party:
- (a) in appeals, not later than 10 days after the last brief is due to be served;
- (b) in proceedings commenced by the filing of a petition, not later than 10 days after the reply is due to be served; and
- (c) in proceedings governed by rule 9.146, in accordance with rule 9.146(g)(5).
Each side will be allowed 20 minutes for oral argument, except in capital cases in which each side will be allowed 30 minutes. On its own motion or that of a party, the court may require, limit, expand, or dispense with oral argument.
Speaking Directly to the Judges: Oral argument is a formal proceeding where lawyers for each side appear before the appellate judges to present their arguments and answer the judges' questions. This rule explains how to request it and how much time is allowed.
Key Points:
- Not a Right: Oral argument is not guaranteed. The court has the final say on whether to grant it, and can even order it if no one requests it.
- How to Request: A party must file a separate document titled "Request for Oral Argument." The deadline is typically 10 days after the final brief in the case is due.
- Time Limits: In most cases, each side gets 20 minutes to argue. In death penalty cases, each side gets 30 minutes.
- Court's Discretion: The court can change the time limits or decide to cancel (dispense with) oral argument altogether, often if the judges feel the written briefs are sufficient to decide the case.
