Rule 34. Oral Argument

(a) In General. Oral argument may be allowed at the discretion of the court. A request for oral argument must be made in a separate document entitled ''request for oral argument.'' The request must be filed no later than 7 days after briefs are closed. The court may order oral argument regardless of whether any party requested oral argument.

(b) Notice of Argument; Postponement. The clerk must advise all parties of the date, time, and place of oral argument. A motion to postpone the argument must be filed reasonably in advance of the argument date.

(c) Time Allowed for Argument.

(1) In the Supreme Court. Unless the court orders otherwise, each side will be allowed 30 minutes for argument. Any motion for additional time must be filed within 7 days after the briefs are closed and will be granted only if good cause is shown. The court may vacate or terminate the argument if, in its judgment, further argument is unnecessary.

(2) In the Court of Appeals. Unless the court orders otherwise, each side will be allowed 15 minutes for argument. Any motion for additional time must be filed within 7 days after the briefs are closed and will be granted only if good cause is shown. The court may vacate or terminate the argument if, in its judgment, further argument is unnecessary.

(d) Order and Content of Argument. The appellant opens the argument and may reserve a portion of its allotted time for rebuttal. Parties should not read at length from briefs, records, or authorities. Unless the court orders otherwise, oral arguments will be limited to the issues raised in the briefs.

(e) Cross-Appeals and Separate Appeals. If there is a cross-appeal, C.A.R. 28.1(b) determines which party is the appellant and which is the appellee for purposes of oral argument. Unless the court directs otherwise a cross-appeal will be argued with the initial appeal as a single argument. The court may set separate appeals that involve the same or similar issues together for argument. In such cases, separate parties should avoid duplicative argument.

(f) Nonappearance of Parties. If the appellee fails to appear for argument, the court may hear argument by the appellant, if present. If the appellant fails to appear, the court may hear argument by the appellee. If neither party appears, the case will be decided on the briefs unless the court orders otherwise.

(g) Use of Physical Exhibits at Argument; Removal. Parties intending to use physical exhibits other than documents at the argument must arrange with the clerk of court to place them in the courtroom on the day of the argument before the court convenes. After the argument, the party must remove the exhibits from the courtroom unless the court directs otherwise. The clerk may destroy or dispose of the exhibits if a party does not reclaim them within a reasonable time after the clerk has given notice to remove them.

(h) Supreme Court Sessions En Banc and in Departments. The chief justice may convene the court en banc at any time, and must do so on the written request of three justices. Subject to this provision, or as limited by the constitution, sessions of the court in departments for the purpose of hearing oral arguments, and designation of the justices to hear such arguments, will be under the direction and control of the chief justice.

(i) References to Minors and Sexual Assault Victims. Reference at oral arguments to sexual assault victims and minors must comply with the requirements of C.A.R. 32(f).

Committee Notes

Source: (b)(1) and (c) amended March 15, 1985, effective July 1, 1985; (b) amended