Circuit Rule 34: Oral Argument

(a) Substance and Style of Oral Argument. Oral argument should undertake to emphasize and clarify the written argument appearing in the briefs. This court will not entertain any oral argument that is read from a prepared text.

(b) Time Allowed for Argument. Counsel will be afforded such time for oral argument as the court may provide and will be so advised by order.

(c) Notice by Counsel. Unless the court orders otherwise, no less than 7 days before the date of scheduled argument, the court must be notified of the names of counsel who will argue. Not more than 2 counsel may be heard for each side except by leave of the court, granted on motion for good cause shown. Such requests are not favored. In cases in which 15 minutes or less per side is allotted for argument, only one counsel may be heard for each side except by leave of the court, granted on motion for good cause shown.

(d) Apportionment of Time Among Parties. In the absence of an order of this court, and subject to the provision as to number of counsel stated in paragraph (c), counsel for the parties on each side of a case, including counsel for any intervenor, may agree on the apportionment of the time allotted. In the event of a failure to agree, the court will allocate the time upon motion duly filed and served. Unless otherwise ordered, counsel for an intervenor will be permitted to argue only to the extent that counsel for the party whose side the intervenor supports is willing to share allotted time.

(e) Participation in Oral Argument by Amici Curiae. An amicus curiae, other than one appointed by the court, will not be permitted to participate in the oral argument without leave of the court granted for extraordinary reasons on motion, except that counsel for the party supported by amicus curiae may consent to such participation subject to the provision as to number of counsel stated in paragraph (c) above. A motion by amicus curiae seeking leave to participate in oral argument must be filed at least 14 days prior to the date oral argument is scheduled.

(f) Failure to File Brief. A party who fails to file a brief will not be heard at the time of oral argument except by permission of the court.

(g) Continuance of Oral Argument. When a case has been set for oral argument, it may not be continued by stipulation of the parties, but only by order of the court upon a motion evidencing extraordinary cause for a continuance.

(h) Consolidation. Where 2 or more cases are consolidated under FRAP 3(b) or for other reason by this court, the consolidated cases will be considered as one case for the purpose of this rule unless the court directs otherwise.

(i) Exhibits and Handouts. If counsel intends to use exhibits during argument or to hand out prepared materials, notice of this intent must be provided to the court and all other counsel presenting argument by letter received not less than 7 days before the date of the argument. The letter must set forth justification for the use of the exhibits or handouts.

(j) Disposition Without Oral Argument.

(1) Procedure. Whenever the court, on its own motion, or on the motion of a party or stipulation of the parties, concludes that oral argument is not needed, the court may, after causing notice of that determination to be given to the parties by the clerk, proceed to dispose of the case without oral argument.

(2) Reconsideration. Motions for reconsideration of a decision to dispose of a case without oral argument may be made within 10 days of the date of the order advising counsel of this court’s determination that the case is to be decided without oral argument. Such motions are disfavored.