(3) Copies at Oral Argument

In a case scheduled for oral argument, all arguing counsel must have a copy of each brief and appendix in the case, including those filed by other parties, close at hand during the argument, in a form (paper or electronic) allowing speedy access to its contents. PRACTICE NOTES TO RULE 34 Scheduling Conflicts. Counsel should not submit any scheduling conflicts before receiving the notice from the clerk of court. In responding to the notice, counsel are advised that the unavailability of a client or non-arguing co- counsel is an insufficient basis for showing good cause. Court Sessions; Hearing Date. Sessions of the court will be held as announced by the court. Sessions are held regularly in Washington, D.C., but the court may sit elsewhere pursuant to Federal Circuit Rule 47.1. The Notice of Oral Argument is usually issued within four months after all briefs and the appendix are filed. Counsel are advised of the scheduled date of hearing approximately six weeks before the session. Accessibility Accommodations. A party or counsel of record requiring a communication-based disability accommodation should notify the clerk of court at least two (2) weeks before the scheduled hearing. A party requiring a mobility- based disability accommodation should notify the clerk of court at the time of filing the notice of scheduling conflicts. Additional information about accessibility accommodations is available on the court’s website, www.cafc.uscourts.gov. Federal Circuit Rules of Practice (December 1, 2025) Page 158 (Return to Table of Contents) PRACTICE NOTES TO RULE 34 Oral Argument. Counsel must report to the clerk’s office at least thirty (30) minutes before the scheduled session and before proceeding to the courtroom.* The members of the panel will have read the briefs before oral argument. Counsel should, therefore, emphasize the dispositive issue or issues. Time allotted for oral argument is ordinarily fifteen (15) minutes per side (not per party or attorney), although the court may vary this depending on the nature of the case. The court may extend the allotted time during the argument, or it may terminate the argument, if it deems it appropriate. Justification for Claim of Confidentiality. Unnecessarily designating material in the briefs and appendix as confidential may hinder the court’s preparation and issuance of opinions. Counsel must be prepared to justify at oral argument any claim of confidentiality. Conduct of Oral Argument. Guidelines for the conduct of oral argument are available on the court’s website, www.cafc.uscourts.gov, in the Clerk’s Office’s Guide for Oral Argument. Copies of Recordings Available. Oral arguments are recorded for the convenience of the court. website, Recordings www.cafc.uscourts.gov free of charge. The court does not provide or produce transcripts of oral argument or recommend transcription services. available court’s are the on Open to Public. Unless held in camera, oral arguments are open to the public. Those in attendance whose attire or behavior reflects adversely on the dignity of the proceedings will be asked to leave. *Ed. Note: This practice has since changed. Arguing counsel are now expected to check-in with the courtroom deputy at their assigned courtroom at least thirty minutes before the start of the day’s session. Federal Circuit Rules of Practice (December 1, 2025) Page 159 (Return to Table of Contents) PRACTICE NOTES TO RULE 34 Oral Argument on Motions. Oral argument is ordinarily not granted on motions. See Federal Rule of Appellate Procedure 27(e). Introducing New Authority at Argument. A party seeking to raise new authority at argument that was not previously submitted to the court should provide a copy of the new authority to the opposing party in advance of argument by email or, if time permits, by filing a citation of supplemental authority pursuant to Federal Rule of Appellate Procedure 28(j). Use of Visual Aids. The court discourages the use of visual aids or presentations during argument. Forms. Using Federal Circuit Form 32 satisfies the requirements for responding to the clerk of court’s notice to advise of scheduling conflicts and for ongoing advising of schedule conflict changes under Federal Circuit Rule 34(d). Using Federal Circuit Form 33 satisfies the requirements for responding to the clerk of court’s notice of oral argument under Federal Circuit Rule 34(e). Paper Copies at Oral Argument. Parties are encouraged to bring paper copies of each brief and appendix to oral argument. FEDERAL RULE OF APPELLATE PROCEDURE 35 [Transferred to Rule 40]