IOP 7: Oral Argument

1. It is the court’s policy that 15 minutes per side be the normal time allocation, and that 30 minutes per side be normally the maximum time allocation. A judge in disagreement with the normal time allocation will so state to the presiding judge. In a case that initially has been designated for no oral argument, oral argument will be held on request of one member of a panel. The presiding judge will notify the clerk of any change in the time allocation, not later than seven days prior to the date of argument, to enable the clerk to notify counsel well before the first day of the panel session.

2. Consistent with Fed. R. App. P. 34 and Fed. Cir. R. 34, it is the court’s policy to allow oral argument unless:

(a) The appeal is frivolous; or

(b) The dispositive issue or set of issues recently has been authoritatively decided; or

(c) The facts and legal arguments are presented adequately in the briefs and record, and the decisional process would not be aided significantly by oral argument.