RAP RULE 11.4
TIME ALLOWED, ORDER, AND CONDUCT OF ARGUMENT
(a) Time Allowed to a Party. The Supreme Court and each division of the
Court of Appeals will define by general order the amount of time each side
is allowed for oral argument. If there is more than one party to a side in
a single review or in a consolidated review, the parties on that side will
share the allotted time equally, unless the parties on that side agree to
some other allocation. The appellate court may grant additional time for
oral argument upon motion of a party.
(b) Time Allowed to Amicus Curiae. Amicus curiae may present oral
argument with the consent of a party and within a portion of the time for
oral argument allocated to that party, or within the time allowed by the court.
(c) Order of Argument. The appellant or petitioner is entitled to open
and conclude oral argument. The party first filing a notice of appeal or a
notice for discretionary review is deemed the appellant or petitioner for
the purpose of this rule.
(d) Cross Review. The argument on any cross review must be made at the
same time as the argument on the initial review.
(e) Failure To Appear. The appellate court will hear argument on behalf
of a party who has filed a brief who appears at the time of oral argument.
If none of the parties to the review appears for oral argument, the court
may order oral argument at a later time or may decide the case on the briefs.
(f) Scope of Argument. The court ordinarily encourages oral argument.
The opening argument may include a fair and concise statement of the facts
of the case. Counsel need not argue all issues raised and argued in the briefs.
(g) Reading at Length. Counsel should avoid reading at length from
briefs, records, or authorities.
(h) Duplication of Argument. Counsel should avoid duplication of
argument, particularly if there are multiple parties arguing in support of
the same issue.
(i) Use of Exhibits. Counsel may, to promote clarity of argument, use
exhibits brought up as a part of the record and demonstrative or
illustrative exhibits not a part of the record. Counsel should arrange,
before court convenes, for the placement in the courtroom of exhibits and
equipment to be used in oral argument.
(j) Submitting Case without Oral Argument. The appellate court may, on
its own initiative or on motion of a party, decide a case without oral
argument. If the appellate court decides that the case will be decided
without oral argument, the clerk will advise the parties and others who
have filed briefs of the date the case is set for consideration on the merits.
[Amended December 5, 2002; September 1, 2006.]
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