Oral argument in the appellate courts typically last an hour, with 30 minutes allotted to each side to present arguments. But might a shorter oral argument period be more productive if the parties knew ahead of time the precise issue the judges were interested in discussing?
We will hopefully have more insight on that question soon. The Court of Appeals’ August calendar includes two oral arguments limited to 15 minutes per side. The Court of Appeals has issued two special orders (a civil case order and a criminal case order) letting the parties know the precise issue they should be prepared to address.
Other courts approach oral arguments with an eye toward focusing the parties’ arguments. For example, the Fourth Circuit usually gives each side 20 minutes for oral argument. But in “social security disability cases, black lung cases, and labor cases where the primary issue is whether the agency’s decision is supported by substantial evidence,” or in “criminal cases where the primary issue involves the application of the sentencing guidelines,” that period is shortened to 15 minutes per side. (See Fourth Circuit Local Rule 34(a)). Other appellate courts release draft opinions before oral argument. An official explanation of the benefits of one court’s decades-long “tentative opinion” program can be found here.
I’d love to know your thoughts on focused, but shorter, oral arguments. Will parties be more prepared for the Court’s questions at these oral arguments? Will oral argument preparations take less time? Are there concerns about the parties’ ability to answer unexpected questions that fall outside the issues identified in these orders?
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