Is oral argument available at the appellate level?

Yes, oral argument is available at the appellate level in the District of Columbia. Oral argument is an opportunity for a lawyer to present their case directly to the appellate court judges, which can be beneficial as the lawyer can explain their legal position and answer any questions that may arise. In the District of Columbia, the rules governing appellate practice set out the process for requesting oral argument. Attorneys must file a motion requesting argument no less than seven days before the hearing, and state the reasons why they wish to appear and present oral argument. If the motion is granted, the hearing will be scheduled in advance and the attorney will then have an opportunity to present their argument directly to the court. Oral argument is not required on appeal, and in some cases it may not be appropriate or necessary. For example, if the issues in the appeal are strictly focused on the law and do not require clarification or further explanation, oral argument may not be necessary. In those cases, the court may decide the appeal based solely on the legal briefs submitted by the parties in the case. Regardless of whether a party requests oral argument, appellate judges in the District of Columbia may allow attorneys to present argument if they decide it is necessary. This is often the case when they believe that there may be important evidence or arguments that were not adequately made in the briefs.

Related FAQs

What is the difference between a discretionary and a non-discretionary appeal?
What is the procedure for requesting an en banc hearing?
What happens after a decision is rendered by an appellate court?
Can a party appeal a judge’s decision directly to the state's Supreme Court?
What procedures are available to challenge a conviction on appeal?
What is the role of an amicus curiae in an appellate court?
What is the role of the appellate court in determining the facts of a case?
What types of appellate arguments are available?
What kind of relief can be sought from an appellate court?
What is the scope of review for an appellate court’s decision?

Is oral argument available at the appellate level?

Related FAQs

Related Blog Posts