6 Cir. I.O.P. 34: Oral Argument - Calendaring; Panel Selection and Identity; Notice of Hearing, Postponement, and Presentation of Oral Argument; Screening and Summary Decisions
Rules and Internal Operating Procedures of the Sixth Circuit — Title VII. General Provisions
(a) Calendaring.
(1) Annual Schedule. The court generally sits over one or two-week periods scheduled so as to afford all judges at least five weeks between sittings. Active judges are generally scheduled to sit four days during one of the sitting weeks. At least six active judges are assigned to one of the two sitting weeks at random; the balance of the court’s active judges are assigned to the other sitting week. Judges are later assigned to panels during the sitting weeks using an automated routine which randomizes the creation of panels based on the judges assigned to the sitting week.
(2) Argument Calendars. The clerk prepares the calendar for a session before the composition of panels is determined.
(3) Case Typing. The clerk balances the calendars by dividing the cases as evenly as possible among the panels according to three case types: civil, criminal, and other.
(4) Oral Argument. Panels determine which of the cases assigned to them will receive oral argument and which do not require oral argument. Although there will generally be four panels hearing argument Tuesday through Friday of a sitting week, this will vary according to individual panels’ preferences.
(b) Panel Selection and Identity.
(1) Subsequent Appeals Returned to Original Panel. In appeals after this court returns a case to the lower court or agency for further proceedings, or after the Supreme Court of the United States remands a case to this court, the original panel will determine whether to hear the appeal or whether it should be assigned to a panel at random.
(2) Replacement Judge. Where it is necessary to bring in a new judge to complete a panel, the clerk will randomly draw a name from among the active and senior judges not already on the panel. That judge will sit on the panel regardless of whether the judge is scheduled to sit during the same weeks as the other panel members. The random drawing will be witnessed by the Circuit Executive.
(3) Remands with Jurisdiction Retained. Where the court remands and retains jurisdiction, the case will be assigned to the panel that ordered the retention of jurisdiction. The chief judge may order the case assigned to another panel.
(4) Identity of Panels. The names of the judges who will hear the case are posted on the court's web site and are available from the clerk's office on the first business day of the week two weeks before oral argument.
(c) Counsel Unavailability Form, Notice of Hearing, Postponement, and Presentation of Oral Argument.
(1) Counsel Unavailability Form. In scheduling appeals for oral argument, the court will try to avoid dates that counsel have previously brought to its attention as presenting a conflict during weeks when the court is scheduled to sit. The court’s sitting schedule can be found on its website. Because cases are set for calendar early in the case, counsel should provide any dates of unavailability during the next nine months no later than the filing of appellee’s brief. Counsel should use the “Counsel Unavailability Form” located on the court’s website. If later conflicts arise, counsel should notify the court as soon as possible of those conflicts by filing an updated form.
(2) Notice of Hearing. The court seeks to give at least six weeks' advance notice of oral argument. The notice of hearing will remind counsel that 6 Cir. R. 36 allows the court to announce disposition of a case in open court following oral argument.
(3) Request for Postponement. Counsel's engagement in other courts is not necessarily good cause for postponement.
(4) Checking in with Clerk's Office on Date of Hearing. Counsel should check in with the clerk's office at least 15 minutes before court convenes. The clerk's office is open at 8:00 a.m. for check in.
(5) Presenting Oral Argument. Counsel should prepare for oral argument with the knowledge that the judges have already studied the briefs. Reading from briefs, decisions, or the record is disfavored and permitted only in unusual circumstances. Counsel should be prepared to answer questions from the court.
(6) Additional Time. The court rarely permits additional time for oral argument.
(d) Absence of Quorum; Adjournment. If less than a quorum is present, a judge in attendance may adjourn the court. If no judge is present, the clerk may adjourn the court.