10th Cir. R. 34

34.1 Oral argument. (A) Responsibilities of counsel. (1) Presence of counsel. Counsel for each party must be present for oral argument unless excused by the court.

The established argument time is allocated by counsel as they see fit. (2) Motion to waive oral argument. After the principal briefs have been filed, a party may file a motion to waive oral argument and to submit a case on the briefs. If filed within 10 days of the scheduled argument date, the motion must show why an earlier filing was not possible.

(3) Postponement. Only in extraordinary circumstances will an argument be postponed. (a) Timing. Except in an emergency, a motion to postpone must be made more than 20 days before the scheduled argument date.

(b) Additional requirements. Any motion to postpone must include: (i) opposing counsel’s position on postponement; (ii) all parties’ positions on whether the case is suitable for submission on the briefs; and (iii) a statement of all counsel’s availability for argument during the next regularly scheduled term of court. 123 (4) Recovery of expenses. A party prejudiced by the granting of a motion to waive or postpone oral argument filed within 10 days of the scheduled argument date may move for recovery of expenses.

(B) Joint appeals. Cases that have been consolidated for briefing purposes will be treated as one case for oral argument. The court disfavors divided arguments on behalf of a single party or multiple parties with the same interests. (C) Multiple counsel.

If more than one counsel argues on the same side, the time allowed is divided as they agree. If counsel do not agree, the court will allocate the time. (D) Preparation. In preparing for oral argument, counsel should remember that the judges read the briefs before oral argument.

(E) Recording and transcription. (1) Recording. The Clerk shall post to the Tenth Circuit website audio recordings made from oral argument hearings unless the court directs otherwise. The recordings will generally be posted no later than 48 hours after the hearing.

(2) Transcription. Counsel or parties may move for permission to arrange, at their own expense, for a qualified court reporter to be present and to report and transcribe oral argument. A copy of the transcript must be filed with the Clerk. (F) No oral argument on petitions or motions.

Oral argument on petitions or motions is not ordinarily permitted. (G) Submission on briefs. Except in pro se appeals or when both parties have waived oral argument, the court will advise the parties when a panel decides that oral argument is not necessary. That advisement may be at the time a decision is issued.

124 Fed. R. App. P. Rule 35. (Transferred to Rule 40) (As amended Apr. 24, 1998, eff. Dec.

1, 1998; Apr. 25, 2005, eff. Dec. 1, 2005; Apr.

28, 2016, eff. Dec. 1, 2016; Apr. 27, 2020, eff.

Dec. 1, 2020; Apr. 2, 2024, eff Dec. 1, 2024.) 10th Cir.

R. 35 - Transferred to 10th Cir.

R. 40 125 Fed. R. App. P. Rule 36.

Entry of Judgment; Notice (a) Entry. A judgment is entered when it is noted on the docket. The clerk must prepare, sign, and enter the judgment: (1) after receiving the court’s opinion-but if settlement of the judgment’s form is required, after final settlement; or (2) if a judgment is rendered without an opinion, as the court instructs. (b) Notice.

On the date when judgment is entered, the clerk must serve on all parties a copy of the opinion-or the judgment, if no opinion was written-and a notice of the date when the judgment was entered. (As amended Apr. 24, 1998, eff. Dec.

1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002.)