Rule 70-3. Order of Oral Argument; Nonappearance at Oral Argument

(a) Counsel of record for the appellant or the plaintiff in error will be entitled to open and close oral argument. On a reservation, the plaintiff will open and close, unless the court otherwise directs, except in suits for the construction of wills or of interpleader, when the court will fix the order of oral argument. If there are cross appeals, the original appellant will open and the cross appellant will close unless the court otherwise orders for cause shown. If there are consolidated appeals, the parties in the appeal filed first will argue first unless the court otherwise orders.

(b) If either party fails to appear at oral argument, the court may decide the case on the basis of the briefs, the record, and the oral argument of the appearing party. If neither party appears at oral argument, the court may decide the case on the basis of the briefs and record only, without oral argument. The court may impose sanctions on a nonappearing party in accordance with Section 85-3, including dismissal of the case.

Committee Notes

(Amended Oct. 18, 2017, to take effect Jan. 1, 2018.) (P.B. 1978-1997, Sec. 4107.) (Amended Oct. 18, 2016, to