Argument is granted at the court's discretion and many appeals are decided on the briefs. Time is limited, and the panel typically controls the exchange through questioning rather than permitting prepared presentation.
Requests for argument follow local rules.
Alternative Names:
Appellate Oral Argument, Argument on Appeal
Why it Matters?
The panel's questions reveal what actually concerns the court, which is information unavailable from the briefing, and answering directly rather than deflecting is what makes argument valuable. Counsel who resist conceding any point lose credibility on the questions that matter. Preparing the two or three hardest questions and their honest answers is more productive than rehearsing an opening statement that will be interrupted.
Frequently Confused with
Related terms
Frequently asked questions
Is argument granted in most appeals?
What preparation is most useful?
