SUGGESTIONS FOR ORAL ARGUMENT
Before the Day of Argument
- Check the Bailiff's description of seating, timing, and other oral argument procedures.
- If you have not argued in the court before, watch an argument. The courtroom is open to the public; the schedule for arguments is located on the Supreme Court Calendar page. If you can't come to Olympia to watch, you can watch online; our arguments are all televised, and they are available on the TVW site.
- If you use an exhibit, make sure it is large, clear enough to be seen by the Justice seated at the greatest distance from it, accurate, and not a matter outside the record. Always provide courtesy copies to opposing counsel and to the bailiff to distribute to each Justice.
The Oral Argument
- Answer all questions clearly and directly. The primary job of appellate counsel is to answer the court's questions. Questions are opportunities to address a Justice's concern, to persuade, and to help shape the opinion. Answer first, then explain.
- To prepare, predict what questions the Justices might ask about the record (for example, was the error preserved?)
- Predict what questions the Justices might ask about the cases you've cited, such as whether they are analogous or distinguishable (if you cited a case, make sure you know its facts and context).
- Predict what hypotheticals the Justices may pose.
- During the argument, listen carefully to all questions - those directed to opposing counsel, as well as those directed to you.
- Don't read your argument - or your brief. Aim for a real conversation.
- Don't try to cover all issues. Select those that are crucial to your client's success. That means advancing your strongest argument and being prepared to answer questions about your weakest argument.
- Assume the court understands the facts of your case and begin with a short statement of the issues you will address. You will usually have a chance to give a brief introduction before the Justices begin asking questions.
- Have precise references to the record. If you are asked for one and cannot provide it, send it later. Do not waste time searching at the podium.
- Be cautious about making concessions, but make them if you have to; you should figure out what concessions you might make before argument.
- Don't attack opposing counsel, or make any gestures or expressions that convey your opinion of their argument. It's neither persuasive nor professional.
- If your time has expired, either stop speaking or ask permission of the Chief Justice to continue speaking, even if it is just to finish your answer to a question.
Special Accommodations
Contact the Bailiff, Guy Rosser, if you need any special accommodations to present your argument.
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