Oral Argument

134.01 Allowance of Oral Argument Oral argument will be allowed unless: (a) no request for oral argument has been made by either party in the statement of the case required by Rule 133.03; or (b) a party has failed to file a timely brief as required by Rule 128.02; or (c) the parties have agreed to waive oral argument pursuant to Rule 134.06; or (d) any party involved in the appeal is not represented by counsel; or (e) the appellate court, in the exercise of its discretion, determines that oral argument is unnecessary because: (1) the dispositive issue or set of issues has been authoritatively settled; or (2) the facts and legal arguments could be adequately presented by the briefs and record and the decisional process would not be significantly aided by oral argument. The appellate court shall notify the parties when it has been determined that a request for oral argument has been denied. A party aggrieved by the decision may, within 7 days after the receipt of the notification and pursuant to Rule 127, request the court to reconsider its decision. (Amended effective for appeals taken on or after January 1, 1992; amended effective September 1, 2019; amended effective January 1, 2020.) 134.02 Notice of Hearing; Postponement When filing the party's initial brief, counsel must provide written notice of any conflicts which limit counsel's availability for argument. Counsel are required to file written notice of updated conflict information as soon as that information is reasonably available to counsel and until the case is scheduled for argument. The clerk of the appellate courts shall notify all parties of the time and place of oral argument. A request for postponement of the hearing must be made by motion filed immediately upon receipt of the notice of the date of hearing, with the motion identifying the specific circumstances that support the requested postponement. (Amended effective September 1, 2019.) 134.03 Time Allowed for Argument Subdivision 1. Time Allowed. In the Court of Appeals, appellants are allowed 20 minutes for oral argument, with 15 minutes for principal arguments and 5 minutes for rebuttal, and respondents are allowed 15 minutes for oral argument. In the Supreme Court, appellants are allowed time not to exceed 35 minutes, and respondents are allowed time not to exceed 25 minutes, for oral argument. Appellants in the Supreme Court may reserve a portion of the allotted time for rebuttal. If multiple parties to the appeal all wish to participate in oral argument, they shall mutually agree to divide the allotted time among themselves. Subd. 2. Additional Time. If counsel is of the opinion that additional time is necessary for the adequate presentation of argument, additional time may be requested at the prehearing conference, if one is held, or by a motion filed in advance of the date fixed for hearing. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 81 APPELLATE PROCEDURE MINNESOTA COURT RULES Subd. 3. Argument Limit. The appellate court may increase or reduce the time for argument on its own motion. (Amended effective September 1, 2019.) 134.04 Order and Content of Argument The appellant is entitled to open and conclude the argument. It is the duty of counsel for the appellant to state the case and facts fairly, with complete candor, and as fully as necessary for consideration of the issues to be presented. The appellant shall precede the statement of facts with a summary of the questions to be raised. Counsel should not read at length from the record, briefs or authorities. 134.05 Nonappearance of Counsel If counsel for a party fails to appear to present argument, the court may hear argument on behalf of a party whose counsel is present, and the case will be decided on the briefs and the argument heard. If no counsel appears for any party, the case will be decided on the briefs unless the court shall otherwise order. 134.06 Submission on Briefs An appeal will be placed on a nonoral calendar and deemed submitted on the briefs on that calendar date in the following circumstances: (a) When oral argument has not been requested; (b) When oral argument once allowed has been waived by agreement of the parties and consent of the court; (c) When any party involved in the appeal is not represented by counsel; or (d) If, pursuant to Rule 134.01(d), oral argument is not allowed. (Amended effective January 1, 2009; amended effective September 1, 2019.) Advisory Committee Comment - 2008 Amendments