SUGGESTIONS FOR ORAL ARGUMENT

Before the Day of Argument

1. Check the Bailiff's description of seating, timing, and other oral argument procedures.
2. 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.
3. 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

1. 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.
2. To prepare, predict what questions the Justices might ask about the record (for example, was the error preserved?)
3. 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).
4. Predict what hypotheticals the Justices may pose.
5. During the argument, listen carefully to all questions - those directed to opposing counsel, as well as those directed to you.
6. Don't read your argument - or your brief. Aim for a real conversation.
7. 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.
8. 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.
9. 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.
10. Be cautious about making concessions, but make them if you have to; you should figure out what concessions you might make before argument.
11. Don't attack opposing counsel, or make any gestures or expressions that convey your opinion of their argument. It's neither persuasive nor professional.
12. 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.