Michael C. Massengale

Use oral argument to emphasize and clarify the briefs, not merely read prepared text; assume the panel has read the briefs, be ready for questions, and stay within the record.

Oral argument should emphasize and clarify the written arguments in the briefs. Counsel should not merely read from prepared text.

The court sets argument time. Finish within the allotment unless the court permits continuation; the appellant must be allowed to conclude.

Counsel must complete argument in the time allotted and may continue after the expiration of the allotted time only with permission of the court.

Request oral argument on the front cover of the brief. If argument is set, all parties that filed briefs may participate even if they did not request it.

A party desiring oral argument must note that request on the front cover of the party’s brief.

The clerk's notice states whether argument is allowed, the date, allotted time, location or electronic-joining instructions, exhibit instructions, and panel members.

The clerk must send to the parties—at least 21 days before the date the case is set for argument or submission without argument—a notice telling the parties:

Generally one lawyer should argue for each side. Without leave, no more than two may argue per side, and only one may present rebuttal.

Generally, only one counsel should argue for each side. Except on leave of court, no more than two counsel on each side may argue. Only one counsel may argue in rebuttal.