6 Cir. R. 34: Oral Argument

(a) Requesting Oral Argument. A party desiring oral argument must include a statement in the brief explaining why the court should hear oral argument. The statement must not exceed one page.

(b) Waiver of Oral Argument. The court may deem oral argument to have been waived:

(1) if a party fails to request it in the brief; or

(2) if the parties stipulate to waive it.

(c) Expedited Argument.

(1) Generally. The court may expedite oral argument, even if the time to file briefs has not expired by the date of the expedited hearing. The court may do so on its own or on motion of a party.

(2) Expedited Cases. Where the court determines that a case of one of the types listed below is to be orally argued, argument will generally be expedited.

• recalcitrant witness appeals under 28 U.S.C. § 1826;

• grand jury contempt appeals;

• appeals from orders denying or granting preliminary or temporary injunctions;

• interlocutory appeals under 28 U.S.C. § 1292(b);

• direct criminal appeals; and

• appeals in cases under 28 U.S.C. §§ 2241, 2254, and 2255.

(3) Procedure. When the court grants a motion to expedite, the clerk will schedule oral argument at an early date. A judge may direct an earlier hearing.

(d) Postponement of Hearing. After a case is set for hearing, the court will not postpone the hearing without good cause. A motion for postponement must be made immediately after notice of the hearing date. It must include notice to all counsel and state where possible the consent or objection of other counsel. It must also indicate whether counsel has previously filed a Counsel Unavailability Form that included the court’s scheduled hearing date. If not, counsel must identify any reasons (such as an emergency) why counsel could not have notified the court of counsel’s unavailability at an earlier time.

(e) Argument by Intervening Party. An intervening party may request oral argument. The request must

• be in writing;

• state whether the named parties have consented; and

• state the reason separate argument is needed.

(f) Time for Oral Argument.

(1) Generally. Each side has 15 minutes for oral argument unless the notice of oral argument provides otherwise.

(2) Additional Time. A party may move for additional time. The motion must be filed within 14 days of submission of the last brief, but not later than 7 days before the hearing.

(3) En Banc. In cases argued before the en banc court, each side will generally have 20 minutes for oral argument, unless the court directs otherwise.

(g) Presentation of Argument.

(1) Purpose. The purpose of oral argument is to emphasize and clarify the argument in the briefs.

(2) Divided Argument. The court may—in exceptional circumstances—permit divided arguments.

(3) Teleconference. The court may conduct oral argument by teleconference.

(4) Cross-Appeals. An appeal and cross-appeal will be argued together as one case in the time allotted for one case.