Oral Argument

(a) Party's Statement. Any party who desires to do so may include, either in the opening or answering brief as the case may be, a statement limited to one-half page setting forth the reasons why oral argument should, or need not, be heard. If such a statement is included, it 74 must be inserted in the brief immediately after the Table of Contents and Table of Authorities and immediately before the first page of the brief and must be captioned “REASONS WHY ORAL ARGUMENT SHOULD [NEED NOT] BE HEARD” as appropriate. The inclusion of this statement will not be counted in computing the maximum permitted length of the brief.

(b) Notice of Argument. If the court concludes that oral argument is unnecessary based on the standards set forth in Fed. R. App. P. 34(a)(2), counsel shall be so advised. The court's decision to dispense with oral argument may be announced at the time that a decision on the merits is rendered. (c) Argument.

(1) Presentation. Parties may expect the court to have some familiarity with the briefs. Normally the court will permit no more than 15 minutes per side for oral argument. It is counsel’s responsibility to keep track of time.

Where more than one counsel argues on one side of a case, it is counsel’s further responsibility to assure a fair division of the total time allotted. One or more cases posing the same issues, arising from the same factual context, will be treated as a single case for the purposes of this rule. (2) Rebuttal. Allowance of time for rebuttal is within the discretion of the presiding judge, but often appellant will be allowed to reserve a few minutes on request made at the outset of opening argument.

However, counsel is expected to cover all anticipated issues in opening argument. Reserved rebuttal time is for the purpose of answering contentions made in the other side’s oral argument. Any time allowed to be reserved by the presiding judge will be deducted from that party’s allotted time for opening argument.