Part VII · Oral Argument
Rule 51. REQUESTS FOR ORAL ARGUMENT
(1) Time for Filing. A request for oral argument by the appellant must be filed within 20 days after the appeal is docketed. A request by the appellee must be filed within ten days after the appellant's brief is filed. Requests must not exceed 3,000 words, or five pages if typed or handwritten, and must be made in a separate filing and be self-contained; they must not incorporate by reference briefs or portions of the record. Extensions of the time for filing a request for oral argument will be allowed only in exceptional circumstances. An extension of time granted for filing a brief does not extend the time to file an oral argument request.
(2) Statement of Reasons for Requesting Oral Argument. A request for oral argument shall state with particularity why oral argument is needed. Reasons for which oral argument may be needed may include, but are not limited to, that the record on appeal is unusually complex, that the appeal presents an important question of first impression for this Court, that the decisions of this Court or the Court of Appeals at issue in the appeal are inconsistent or otherwise warrant reconsideration, or that the appeal otherwise presents important questions of unusual complexity. The statement should identify with particularity the issue or issues on which the party intends to focus during argument. Conclusory assertions do not comply with this rule.
(3) Notice to Opposing Parties. Prior to filing a request for oral argument, a party shall notify the opposing parties or their counsel of the intention to request oral argument and inquire whether those opposing parties also desire oral argument. A request shall certify that such notification and inquiry has been made, and a request shall further state whether the opposing parties do or do not desire oral argument.
(4) Transferred Cases. A request for oral argument must be renewed upon transfer of an appeal to this Court from the Court of Appeals within five days after docketing in this Court. 43
(5) Number of Persons Arguing. Leave of the Court must be obtained before more than one attorney will be permitted to argue for the appellant or the appellee, even when multiple parties appear as appellant or appellee in the same case or cases consolidated for oral argument. The Court discourages argument by more than one attorney for the appellant or the appellee. Leave will be granted for more than one attorney to argue for the appellant or the appellee only in exceptional circumstances. An application for leave to divide argument time must be filed in the form of a motion explaining with particularity why such division is necessary.
(6) Remote Argument . A party may file a request for remote oral argument at the same time as the Rule 51(1) request for oral argument is filed or in cases placed automatically upon the oral argument calendar, the party seeking remote argument should file the request within 20 days after the appeal is docketed. The request for remote argument shall indicate if there is good cause for the request, (i.e., health concerns) or if remote argument is merely preferred, and must also advise whether the other party agrees to remote argument. Hybrid arguments where one party is remote and the other party is in person are not permitted. The request must not exceed 1,500 words, or three pages if typed or handwritten, and must be made in a separate filing. The Court will grant a request for remote argument only in exceptional circumstances and will advise the parties of its decision before the case is placed on an oral argument calendar.