What Happens at a Federal Appeals Oral Argument?
An oral argument at a federal appeals court is when the lawyers for each side in an appeal get to argue their case in front of the judges who will decide the appeal. It’s kind of like a debate about the legal issues in the case. Oral arguments happen after all the briefs (legal arguments in writing) have been filed with the court.
Oral arguments give the judges a chance to ask questions directly to the lawyers to clarify anything they don’t understand from reading the briefs. The lawyers get to try to persuade the judges face-to-face about why their side should win. So oral arguments are really important!
Before the Oral Argument
First, you have to file a brief asking the appeals court for oral argument. They don’t happen automatically – you have to request it. The court will decide whether or not to grant oral argument. If they say no, the judges will just decide the case based on the written briefs.
If oral argument is granted, each side will be given a certain amount of time to argue, usually around 15-20 minutes. The appellant (person appealing the lower court’s decision) argues first. Then the appellee (person defending the lower court’s decision) goes second. Finally, the appellant gets time for a rebuttal.
So in total, the appellant speaks twice and gets more time. This makes sense because they asked for the appeal in the first place – they should get to fully explain their position. The appellee just has to respond and defend the existing lower court ruling.
Before oral argument, the lawyers spend a lot of time practicing their arguments. They try to predict what questions the judges might ask and figure out good answers ahead of time. It’s all about preparation!
What Happens at the Oral Argument
On the day of oral argument, the lawyers argue their cases in a courtroom in front of a panel of 3 appeals court judges. One judge will be assigned to lead the questioning, but all the judges can ask questions if they want.
The judges will interrupt the lawyers a lot to ask tough questions – that’s their main goal. They want to probe the weak spots in each side’s arguments and get clarification. A good lawyer will answer directly and try to get the judges to see their perspective.
Sometimes one judge will “play devil’s advocate” and argue strongly for the other side just to test how the lawyers respond. So the lawyers have to think on their feet!
The judges can be very active and aggressive with their questioning. The lawyers need to keep their cool and not get flustered. They also need to manage their time wisely so they can make their main arguments before their time runs out.
When the rebuttal comes around, the appellant gets to respond to arguments the appellee and judges raised. This is their last chance to persuade the judges to rule in their favor!
After the Oral Argument
After oral arguments, the judges will take some time – usually a few weeks or months – to make their decision. They will issue a written opinion explaining their ruling and the legal reasoning behind it.
Oral arguments don’t always sway the judges. Often, they already have a leaning one way or another from reading the briefs. But sometimes the lawyers make arguments at oral argument that change a judge’s thinking or break a tie.
So while oral arguments don’t guarantee any outcome, they are still super valuable for the lawyers and judges. Even if they don’t impact the result, they give everyone a better understanding of the case.
And that’s basically what happens at federal appeals oral arguments! Let me know if you have any other questions.
Citations
Information from:
U.S. Court of Appeals for the Federal Circuit