Oral argument statement (Local Rule 34.1(a)) is a statement made by the parties to a court proceeding in which they present their argument orally before a judge. It is an opportunity for the parties to explain their legal positions on the issues before the court. Oral argument statements can be made in a variety of court proceedings, including civil and criminal cases. There are two types of oral argument statements: direct and indirect. Direct oral argument statements are made by a party in response to a question posed by the judge. Indirect oral argument statements are made without a specific question posed by the judge. The goal of both types of statements is to present the party's legal position on the issues in the case, and to persuade the judge to rule in favor of the party.
Oral argument statement (Local Rule 34.1(a)
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A few important points to keep in mind while you prepare for and present effective appellate oral argument. Know your audience. Familiarize yourself with the panel hearing the appeal.Know your forum.Know your weaknesses.Answer the question.Hit the high points without sacrificing pace.
Judges tended to find that oral argument helped them clarify matters and focus on important issues, with the opportunity to communicate with lawyers and ask questions only slightly less important. Judges also suggested that oral argument provided information and aided in disposing of cases.
Preparing Your Oral Argument Know your arguments completely.Understand the basic premise of each of the supplementary materials.Focus on the two most important arguments in the problem.Always focus on why your side is right, rather than on why the other side is wrong.
First, oral argument provides a unique opportunity for attorneys to converse with judges and be a part of the decision-making process. Second, oral argument is valuable for clients, who can see their concerns being addressed by the court and better understand how invested the judges are in the case.
An oral argument is a presentation of a case before a court by spoken word. Lawyers or parties representing each side in a dispute have 30 minutes to make their case and answer questions from Supreme Court justices or Intermediate Appellate Court judges.
Reason to Waive it?Preparation Takes Time and Cost Money: It takes time and money to prepare for an oral argument in an appellate court. The main reason why parties opt to waive their right is as a cost-saving measure.
In most cases oral argument is optional, and it is a small part of an appeal. In some cases oral argument can be helpful, but it is less important in the court's decision than the briefs or the record on appeal.
If the appellee fails to appear for argument, the court must hear appellant's argument. If the appellant fails to appear for argument, the court may hear the appellee's argument. If neither party appears, the case will be decided on the briefs, unless the court orders otherwise.