PART VII — MOTIONS, BRIEFING, AMICI, AND ARGUMENT
Rule 69. Conduct and record of oral argument; technical failure
Appearance and identity
Counsel and self-represented advocates must join the designated venue at least fifteen minutes early, confirm identity with the Clerk, test necessary audio or text access, and identify who is present with them.
Method
Argument may occur by voice, video, in-game speech, or authenticated text as the Court orders. The Court must provide a reasonable text or other alternative when an accommodation is granted.
Presentation
An advocate should assume the Justices have read the briefs, answer questions directly, cite the record accurately, and use argument to clarify rather than recite prepared text. No nonrecord fact may be asserted as evidence.
Timekeeping
The Clerk or Marshal keeps official time. A Justice may permit an answer to finish after time expires. The presiding Justice controls rebuttal and may equalize time after a material interruption.
Demonstratives
A demonstrative must comply with Rule 39(g). The presiding Justice may prohibit a display that is misleading, inaccessible, unsafe, or outside the record.
Official record
The Court must preserve an official recording, authenticated text log, transcript, or combination sufficient to document the proceeding. The official record controls over an observer’s recording.
Public observation and recording
The public and press may observe an open argument through the announced access method. Recording, streaming, screenshots, and republication are permitted only to the extent consistent with law, a published Court direction, platform rules, and protection of nonpublic material.
Technical failure
If a material connection or platform failure occurs:
the presiding Justice pauses the argument for a reasonable troubleshooting period;
the Clerk attempts the announced backup venue or method;
lost time is restored;
the Court may continue with consent, reschedule, request a written response, or submit the case on the briefs; and
no adverse inference arises from a verified failure beyond the participant’s reasonable control.
Nonappearance
If an advocate fails to appear without timely explanation, the Court may hear the other side or submit the case on the briefs. A represented criminal appellant must not lose the right to review solely because appointed counsel failed to appear; the Court must address representation first.
Transcript correction
A proposed correction to the official transcript must be filed within two days after the Clerk posts the official transcript to the case or serves notice that it is available, whichever occurs first, and must identify the recording timestamp. The Court or Clerk settles the correction without altering the original recording.