What is the difference between an oral argument and a brief on appeal?

An oral argument and a brief on appeal are two different legal documents used in Maryland appellate law. An oral argument is a presentation made by an attorney in court that typically lasts no more than 15 minutes. The attorney will explain why they believe the lower court’s decision should be reversed or affirmed. The opposing attorney will then make an argument that the ruling should stay the same or be changed. The appellate court then listens to both parties’ presentations before making a decision. A brief on appeal is a written document that lays out the attorney’s argument. This document typically consists of both legal arguments and factual evidence to support the attorney’s position. It is usually much longer than an oral argument and can be considered the backbone of the case. The brief will explain why the lower court’s decision should be reversed or affirmed and may also provide new evidence and facts that were not presented in the oral argument. Ultimately, the main difference between an oral argument and a brief on appeal is that the oral argument is primarily spoken in court, while a brief is written and provides more in-depth legal and factual arguments.

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