Rule 68. Calendar, submission without argument, and oral argument

No automatic entitlement

The Court may decide a case on the briefs. Oral argument is ordered when it would materially assist decision, the case presents an important or difficult question, or fairness otherwise requires.

Calendar

The Clerk maintains a public argument calendar and ordinarily schedules argument no earlier than three days after the response brief is due. The notice must comply with Rule 9.

Motion for argument

A party requesting argument must state why it would assist and identify the requested advocate, venue needs, and any requested division of time. The request may appear in the principal brief.

Ordinary time

Unless ordered otherwise, each side receives thirty minutes, including questioning. The appellant or petitioner opens and may reserve up to five minutes for rebuttal.

Multiple parties

Parties on the same side share time. They must propose an allocation and avoid duplication. The Court may assign time when they do not agree.

Advocates

Ordinarily one advocate is heard for each side. Divided argument requires leave and a showing that distinct issues or interests make division useful. An authorized attorney or self-represented party may argue; a person who filed no brief for a party may not argue for that party without leave.

Amicus argument

An amicus may argue only by leave, ordinarily within a supported party’s time. Separate time is granted only when the amicus offers assistance unavailable from the parties.

Submission

A case is submitted at the close of argument or, if no argument, on the date stated in the submission order. The Court may request supplemental briefing before or after submission.