Part VII · Oral Argument

Rule 50. ORAL ARGUMENT

Amended January 15, 2026 (current) Contains Deadlines

(1) Calendaring; Postponement. The docket notice will inform the parties in what month oral argument, if permitted, will take place. The Clerk's Office releases the calendar approximately four to six weeks in advance of argument, but not later than 20 days before the scheduled argument date. A motion to postpone the argument, to allow longer argument, or to allow more than one counsel to argue must be filed reasonably in advance of the argument date.

(2) Mandatory Argument. Unless the Court directs otherwise, oral argument is mandatory in the following cases, which will be placed automatically upon the oral argument calendar:

(a) A granted writ of certiorari;

(b) A direct appeal from a judgment imposing a sentence of death;

(c) An appeal following the grant of interim review under Rule 37;

(d) An appeal following the grant of an application for a certificate of probable cause to appeal in a habeas corpus case in which a sentence of death is under review;

(e) An appeal by the warden in a habeas corpus case in which a sentence of death has been vacated in the lower court; and

(f) Questions certified to this Court by the Supreme Court of the United States, any District Court or Circuit Court of Appeals of the United States, or any state appellate court, under Rules 46-48.

(3) Permissive Argument. Oral argument may be permitted in all other cases, if either party timely files a request for oral argument that complies fully with Rule 51. Requests that do not fully comply with Rule 51 ordinarily will be denied. Cases are often considered by the Court without oral argument. 42

(4) Orders Requiring, Refusing, Expanding, or Limiting Argument. In any case, the Court may require, refuse, expand, or limit oral argument as it deems appropriate.