Rule 34 — Oral Argument

Fed. R. App. P. 34

• Source: Federal Rules of Appellate Procedure
• Rule: 34
• TITLE VII: GENERAL PROVISIONS
• Citation: Fed. R. App. P. 34

Text

(a) In General.
(1) Party’s Statement. Any party may file, or a court may re-
quire by local rule, a statement explaining why oral argument
should, or need not, be permitted.
(2) Standards. Oral argument must be allowed in every case
unless a panel of three judges who have examined the briefs
and record unanimously agrees that oral argument is unneces-
sary for any of the following reasons:
(A) the appeal is frivolous;
(B) the dispositive issue or issues have been authori-
tatively decided; or
(C) the facts and legal arguments are adequately pre-
sented in the briefs and record, and the decisional process
would not be significantly aided by oral argument.
(b) Notice of Argument; Postponement. The clerk must advise all
parties whether oral argument will be scheduled, and, if so, the
date, time, and place for it, and the time allowed for each side. A
motion to postpone the argument or to allow longer argument
must be filed reasonably in advance of the hearing date.
(c) Order and Contents of Argument. The appellant opens and
concludes the argument. Counsel must not read at length from
briefs, records, or authorities.
(d) Cross-Appeals and Separate Appeals. If there is a cross-ap-
peal, Rule 28.1(b) determines which party is the appellant and

which is the appellee for purposes of oral argument. Unless the
court directs otherwise, a cross-appeal or separate appeal must be
argued when the initial appeal is argued. Separate parties should
avoid duplicative argument.
(e) Nonappearance of a Party. If the appellee fails to appear for
argument, the court must hear appellant’s argument. If the appel-
lant fails to appear for argument, the court may hear the appel-
lee’s argument. If neither party appears, the case will be decided
on the briefs, unless the court orders otherwise.
(f) Submission on Briefs. The parties may agree to submit a case
for decision on the briefs, but the court may direct that the case
be argued.
(g) Use of Physical Exhibits at Argument; Removal. Counsel in-
tending to use physical exhibits other than documents at the ar-
gument must arrange to place them in the courtroom on the day
of the argument before the court convenes. After the argument,
counsel must remove the exhibits from the courtroom, unless the
court directs otherwise. The clerk may destroy or dispose of the
exhibits if counsel does not reclaim them within a reasonable
time after the clerk gives notice to remove them.

Advisory Committee Notes

(As amended Apr. 1, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 1986; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 25, 2005, eff. Dec. 1, 2005.)