Oral argument

(a) In general. Oral argument will be allowed when it is determined by the court, or the panel to which the case is assigned, from examination of the briefs and record that oral argument is desirable. Oral argument will not be allowed if the court, or the panel to which the case is assigned, unanimously agrees that: (1) The appeal is frivolous; or (2) The dispositive issue or set of issues has been recently authoritatively decided; or (3) The facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument. Any party to an appeal who desires oral argument shall place the words "ORAL ARGUMENT REQUESTED" conspicuously on the front cover of that party's brief. Any party so requesting oral argument shall file a short statement in that party's brief as required by Rule 28(a)(1) indicating why oral argument should be heard. (b) Time allowed for argument. Each side shall be allowed 30 minutes for argument, unless otherwise ordered by the court. A party is not obliged to use all of the time allowed, and the court may terminate the argument whenever in its judgment further argument is unnecessary. (c) Order and content of argument. The appellant is entitled to open and conclude the argument. The opening argument shall include a fair statement of the case. Counsel will not be permitted to read at length from briefs, records or authorities. (d) Nonappearance of parties. If the appellee fails to appear to present argument, the court may hear argument on behalf of the appellant, if present. If the appellant fails to appear, the court may hear argument on behalf of the appellee. If neither party appears, the case will be decided on the briefs unless the court shall otherwise order. If the party or the party’s attorney who requested the oral argument fails to appear to present argument, the court may assess a penalty against that party in the amount of the reasonable cost for appearance incurred by the party or the attorney for the party who does appear for argument. In its discretion, the court may include a reasonable attorney’s fee as a part of such costs. (e) Use of Visual Aids, Documents, or Physical Exhibits at Argument. (1) Notice to Opposing Counsel. If counsel intends to use at oral argument visual aids, documents, or physical exhibits, notice shall be given to opposing counsel two days before the date of the oral argument. If the visual aid, document, or exhibit is included in the record on appeal, the citation to the volume and page of the record where it can be found shall be contained in the notice. Counsel shall include with the notice a facsimile of the visual aid or document and a photograph of the physical exhibit if the exhibit was not used at the trial preceding the appeal. (2) Placement and Removal from Courtroom. Counsel shall arrange with the appellate-court clerk to have the visual aids, documents, or physical exhibits placed in the courtroom before the court convenes on the date of the argument in sufficient time for opposing counsel to inspect them. After the argument, counsel shall immediately give the visual aids, documents, or exhibits to the clerk unless the court otherwise directs. If the visual aids, documents, or exhibits are not reclaimed by counsel within 14 days after the appellate opinion is sent to the parties by the clerk, they shall be destroyed or otherwise disposed of as the clerk shall think best. Visual aids, documents, or physical exhibits used at trial but not made part of the record shall be sent back to the trial court after an opinion has been rendered, along with any other exhibits or documents that are required to be returned. (f) Counsel Who May Present Argument and Sit at Counsel Tables. Counsel may present argument on behalf of a party only if the counsel is listed on the party's brief or files a notice of appearance with the court. Without leave of court, only counsel who are permitted to present argument may sit at the counsel tables. [Amended 3-5-81, eff. 10-2-81; amended 11-19-96, eff. 1-1-97; Amended 1- 122005, eff. 6-1-2005, adopted 1-12-2023, eff. 2-2-2023; amended 7-2-2025, eff. 10-1-2025.] Committee Comments