Handbook XI.H: Procedures for Oral Argument

Counsel must arrive at the courtroom at least 20 minutes before the start of argument for the scheduled session. The identity of the panel and the order in which the cases will be heard will be posted outside the courtroom. Counsel also may call the Clerk's Office in the afternoon of the day before argument to find out the order in which the cases will be heard or consult the Court’s website. If more than one panel is sitting that day, the notice also will disclose the other hearing location. The presiding judge may alter the order in which the cases are to be heard from the schedule posted. Counsel must sign in with the courtroom deputy upon arrival. Except as stated below, counsel must remain in the courtroom, or arrange with the courtroom deputy to be on call in the attorney waiting room next to the courtroom. Counsel scheduled to appear in the third and subsequent cases on the calendar, however, may be excused by the courtroom deputy after signing in, unless the panel directs otherwise. Prior to leaving the courtroom, excused counsel must inform the courtroom deputy of the places and, if available, telephone numbers, where they can be reached in the interim.

All counsel who have not remained in the courtroom must return to the courtroom 15 minutes before their cases are due to be heard, based on the time set for each preceding case.

The courtroom deputy will explain the warning light system used to signal the time remaining during the oral argument. Counsel for the appellant or petitioner also must inform the courtroom deputy whether he or she wishes to reserve time for rebuttal.

The presiding judge of the panel is the member of the panel in active service who is first in seniority. The presiding judge sits in the center of the bench, and the next ranking judge is seated to his or her right. The names and seating arrangement of the panel for the day are marked on the bench.

Facing the bench, counsel for the appellant or petitioner sits at the table to the right of the lectern, and counsel for the appellee or respondent to the left. Additional counsel may sit at the tables or elsewhere in the well of the courtroom.

A digital timer is on the lectern in front of counsel. The numbers are displayed in green when counsel begins arguing. The numbers turn purple when counsel reaches his or her rebuttal time. If counsel does not wish to reserve rebuttal time (or does not have rebuttal time), the numbers turn purple when there are 2 minutes remaining in the allotted time. The numbers turn red when all the allotted time is used. Counsel wishing to reserve time for rebuttal must observe the timer and preserve the time counsel has reserved for rebuttal.

When the questioning has been extensive, the presiding judge in his or her discretion may grant counsel additional time for argument. The Court also may terminate the hearing before the allotted time is up, if further argument appears unnecessary.