Many parties on appeal are understandably nervous when their case is scheduled for oral argument. In this blog post, appellate attorney Michelle Kuhl answers some of the most frequently asked questions about oral argument.
1. Do clients have to attend oral argument?
No. It is common in the Court of Appeals to have oral arguments in which only the attorneys and the judges are present. However, the oral arguments are open to the public, so anyone can come if they want to and some parties choose to attend.
2. What should I wear?
While the lawyers will be wearing suits, that is not required for the parties or other audience members. As long as you dress neatly and use some common sense, you should be okay.
3. Where should I sit?
Unlike the trial court, where clients often sit next to their attorneys, only attorneys are allowed to sit at counsel table in the Court of Appeals. Clients will sit in the general seating area available to the public.
4. Who will decide my case?
There will be three judges at oral argument. After the parties submit their briefs, the court will issue a notice of the date for oral argument and the judges that will be assigned to the case. Occasionally, there may be substitutions for one or more of the judges. If that happens, the court will issue another notice informing parties of the change.
5. How long is oral argument?
Oral argument begins with 15 minutes for the appellant’s argument. Next, the respondent will get 15 minutes, and finally, the appellant will have 5 minutes for rebuttal. Occasionally, arguments may be slightly shorter if the attorneys choose not to use all of their time, or they might be slightly longer if the judges still have questions after the time has expired.
6. What are other ways an argument at the Court of Appeals differs from the trial court?
By the time the case gets to appeal, many parties have already experienced several hearings at the trial court. However, the oral argument at the Court of Appeals will be significantly different. For example, most trial court judges allow the attorneys to speak uninterrupted for several minutes. That is unlikely to happen at the Court of Appeals. Most often, the majority of the attorney’s 15 minutes of argument time will be spent responding to questions that the judges ask.
7. What happens after oral argument?
The Court of Appeals will likely hear 3 or 4 oral arguments each day. After all of the oral arguments have concluded, the judges will leave the courtroom and go to their conference where they discuss amongst themselves how to decide the cases. The court will issue its decision within 90 days after oral argument.
If you have questions about the appellate process or are considering an appeal, the attorneys at Lommen Abdo are here to help. Contact us to discuss your situation and next steps.