I.O.P. 2.1: Determination in Panel Cases
Local Appellate Rules and Internal Operating Procedures of the Third Circuit — I.O.P. Chapter 2. Oral Argument
The panel determines whether there will be oral argument and the amount of time allocated. There is oral argument if it is requested by at least one judge. Each judge communicates his or her views to the other panel members. No later than 21 calendar days before the first day of the panel sitting, the presiding judge furnishes the clerk with the panel's determinations in accordance with the maximum request, up to 20 minutes per side, of any single judge. Usually, 15 minutes per side is allotted. The timing for furnishing the court’s determinations may be altered for expedited or emergency cases. A request for oral argument beyond 20 minutes per side is determined by a majority of the panel.