Handbook XI.D: Number of Counsel

(See D.C. Cir. Rules 34(c), (d).)

There is generally a limit of two counsel per side who may argue in cases allotted more than 15 minutes per side. In cases allotted 15 minutes or less per side, only one counsel may argue. This rule applies to consolidated cases, and it may be waived only by leave of the Court.

An intervenor may argue only to the extent that counsel whose side the intervenor supports is willing to share argument time. If counsel wishes to share time with an intervenor in a case in which more than 15 minutes per side has been allotted for argument, no leave of the Court is necessary. Counsel should inform the Clerk's Office of such arrangements no less than 7 days before the date of argument. The counsel for the intervenor will be counted as one of the two counsel per side permitted under the rules.

Counsel on the same side should make their own apportionment of time among themselves; otherwise the Court will do so. The courtroom deputy should be advised of the arrangement before the case is called; the attorney making the opening presentation should announce the arrangement to the Court. Each attorney is thereafter limited to the time specifically allotted, unless the Court permits otherwise.