Oral Argument on the Merits

Generally

A party of record may present oral argument only if the party has filed a brief. Amicus curiae may present oral argument only if time is made available for the argument by a party, or if the appellate court grants additional time for argument by amicus curiae.

Timeline

The clerk will advise all parties and others who have filed briefs of the time and place of oral argument.

Content

The opening argument should include a fair and concise statement of the facts of the case. Counsel need not argue all of the issues raised and argued in the briefs. Counsel should avoid duplication of argument, particularly if there are multiple parties arguing in support of the same issues.

Corresponding RAP Rules: 11.1, 11.2, 11.3, 11.4, 11.5, 1.6