Back to Main Page / Back to List of Rules

Rule 423. Argument (1985)

TEXT

(a) Right to Argument. When a case is properly prepared for submission, any party who has filed briefs in accordance with the rules prescribed therefor and who has made a timely request for oral argument under (f) hereof may, upon the call of the case for subn1ission, submit an oral argument to the court.

(b) Subject Matter. The arguments must be upon the disputed points, whether of law or fact, in support of the points relied on, on one side, and objections and counterpoints on the other, and it must be confined to them, avoiding any reference or comment upon positions taken in the trial court, or to other extraneous matters not involved in or pertaining to that which is found in the record.

(c) Requirement to Answer Questions. Counsel will be expected to answer questions propounded by members of the court relating to the matter in the record and to the law or authorities cited by counsel in the argument.

(d) Time Allowed. In the argument of cases in the Court of Appeals, each side may be allowed thirty (30) minutes in the argument at the bar, with fifteen (15) minutes more in conclusion by the appellant. In cases involving difficult questions, the time allotted may be extended by the court, provided application is made before argument begins. The court may also align the parties for purposes of presenting oral argument. The Court may, in its discretion, shorten the time allowed for oral argument.

Not more than two counsel on each side will be heard, except on leave of the court.

Counsel for an amicus curiae shall not be permitted to argue except that an amicus may share time allotted to one of the counsel who consents and with leave of the court obtained prior to argument.

(e) When Only One Party Files a Brief. If counsel for but one party has filed briefs, an argument by him may be allowed, conformably to the preceeding provisions as nearly as practicable, under the direction of the court.

(f) A party to the appeal desiring oral argument shall file a request therefor at the time he files his brief in the case. Failure of a party to file a request shall be deemed a waiver of his right to oral argument in the case. Although a party waives his right to oral argument under this rule, the Court of Appeals may nevertheless direct such party to appear and submit oral argun1ent on the submission date of the case.

The Court of Appeals may, in its discretion, advance cases for submission without oral argument where oral argument would not materially aid the Court in the determination of the issues of law and fact presented in the appeal. Notice of the submission date of cases without oral argument shall be given by the Clerk in writing to all attorneys of record, and to any party to the appeal not represented by counsel, at least twenty-one (21) days prior to the submission date. The date of the notice shall be deemed to be the date such notice is delivered into the custody of the United States Postal Services in a properly addressed post-paid wrapper (envelope).

Amended by order of Dec. 19, 1984, eff. April 1, 1985.