IOP § III(K): Calendaring
Rules of Appellate Procedure and Internal Operating Procedures of the Eighth Circuit — Internal Operating Procedures: III. Presubmission Appellate Process
Upon the filing of the briefs, every attorney-handled case is screened for argument or nonargument submission. See 8th Cir. R. 34A. If the court determines that argument is not necessary in an attorney-handled case, the clerk notifies counsel and gives them seven days to object to the no-argument classification. Any objection to the classification is sent to a panel of three judges for review. If one of the judges on the panel determines that argument is required, the objection is granted, and the case is placed in the pool of cases ready for oral argument.
The court's policy is to initially screen all pro se appeals for submission without oral argument. Since this screening for no-argument submission is automatic upon the completion of briefing, no notice of the decision is sent to the case participants. The panel to which the pro se case is assigned for disposition on the merits may determine that oral argument is necessary. If such a determination is made, the panel will instruct the clerk as to what further action, such as appointment of counsel for the pro se party, is required.
Cases screened by the clerk for argument are placed on the earliest available calendar and each side is assigned ten, fifteen, twenty, or thirty minutes for oral argument. Preliminary calendars are prepared seven to eight weeks in advance of a scheduled court session. The judges review the draft calendar and notify the clerk’s office of any conflicts before the calendar is printed and published. Printed calendars are sent to counsel through CM/ECF Notices of Docket Activity approximately one month before each court session. An “Argument Response/Appearance” form is also sent, and counsel should return that form immediately so as to inform the court of the name of the attorney presenting oral argument.
The clerk notifies counsel that cases have been screened for oral argument as soon as the screening process is complete, and counsel should notify the clerk of potential conflicts when they receive this notice, or as soon as the conflict arises. The court’s monthly calendar is posted on the court’s website, as are the locations and dates of future sessions. Requests to change the schedule after the calendar has been prepared will be referred to the panel of judges assigned the case and will be granted only for good cause. Counsel’s obligation in other courts ordinarily will not be considered good cause. The clerk, in consultation with the presiding judge, may change the order of argument for a particular day.
The court reserves the right to designate the location for oral arguments to expedite its docket. Cases from Arkansas, Missouri, and Nebraska are generally heard in St. Louis, while cases from Minnesota, North Dakota and South Dakota are usually heard in St. Paul. Iowa cases can be set for either location. Counsel must examine the calendar carefully and note the city in which they are scheduled to argue to avoid appearing at the wrong site. The court’s monthly calendar is posted on the court’s website, as are the locations and dates of future sessions.