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Fox Rothschild LLP

Fast Talk: Compressed Oral Arguments in N.C. Court of Appeals

Fox Rothschild LLP on

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...more

Ward and Smith, P.A.

The Importance of Oral Arguments in Appellate Courts: Insights for Trial and Appellate Practitioners

Ward and Smith, P.A. on

Recent stats show an interesting trend in the U.S. Court of Appeals for the Fourth Circuit: oral arguments are held in just 13% of cases. This differs from other circuits like the D.C. Circuit, where almost 50% of cases get...more

Carlton Fields

Asking for Oral Argument in the U.S. Courts of Appeals

Carlton Fields on

In many federal courts of appeals, the statement on oral argument occupies a prime position in a brief. It is often the first substantive statement a judge reads. Yet so few advocates use this valuable “real estate” to...more

Butler Snow LLP

Jury Charges and Oral Argument | David Keltner | Texas Appellate Law Podcast

Butler Snow LLP on

[Co-Host: Jody Sanders] When people think about appeals, they may not realize that some of the most important appellate work happens in the trial court. One of the keys to a successful appeal is making sure that the jury...more

JAMS

How Not to Argue an Appeal: A Former Judge’s View

JAMS on

I agree with conventional wisdom, which says that all things being equal, you can never win an appeal solely on oral argument, but you can lose. I have seen it happen, and not infrequently. It’s why I used to tell my law...more

Morrison & Foerster LLP - Left Coast Appeals

The Ninth Quickens its Pace

Morrison & Foerster LLP - Left Coast Appeals on

A Ninth Circuit appeal is generally a long-term endeavor. The Court itself tells parties that the likely “time-to-argument”—i.e. the time between a filing a notice of appeal and the Court hearing oral argument—is between 12...more

Troutman Pepper

The Federal Circuit Speaks

Troutman Pepper on

The Clerk’s Office of the U.S. Court of Appeals for the Federal Circuit has just issued its Guide for Oral Argument (January 2020, Version 2.0). The guide includes guidelines for counsel during oral argument, and are as...more

Carlton Fields

The Game of Forfeiture: Fumbling the Ball and How the Court May Recover It

Carlton Fields on

In the spirit of the upcoming Super Bowl, it is important to keep in mind certain rules of play regarding forfeiture of arguments in federal courts of appeals. The Tenth Circuit reiterated two such rules in recent opinions....more

Carlton Fields

Openings in Appellate Oral Arguments

Carlton Fields on

You are on your feet at the podium and you have told the appellate panel who you are and whom you represent. What is the first substantive thing you should now tell the court (always assuming you get that opportunity before...more

McManis Faulkner

The Appellate Oral Argument

McManis Faulkner on

The Appellate Court: An exciting forum of oral advocacy; a check on the process and the decisions of our trial courts; a second chance for parties to make their case; and a place where novel and important legal principles...more

Carlton Fields

As An Advocate, Welcome Questions From The Bench And Use Them To Win Your Appeal

Carlton Fields on

Everyone fears getting a question during oral argument that they don’t know the answer to or that only has an answer not helpful to their position on appeal....more

K&L Gates LLP

Distressed Solutions: Preparing For and Dealing With Appeals

K&L Gates LLP on

Appeals happen. Maybe you won in the trial court and the other side wants to challenge, or maybe you lost (but that must have been a mistake, right?). Either way, you need to preserve your arguments and prepare for an appeal...more

Carlton Fields

Yes, Counselor, You Argued That Below, But No, It Is Not Preserved

Carlton Fields on

Don’t assume that just because your argument is clearly reflected somewhere in the record that it is preserved for appeal. Often for purposes of preservation, the procedural context for the argument is just as important as...more

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