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The appellant (sometimes called the petitioner) speaks first, and then the appellee (or respondent) speaks. Some, but not all, courts allow the appellant time for rebuttal and the appellee time for sur-rebuttal. Appellate judges can (and often will) interrupt with questions for the advocates.
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.
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.
Who has the burden during the appeal? What right/privilege has been infringed? Where does this right or privilege come from, and how has it been infringed? What is the prejudice or lack of prejudice?
Parties may waive oral argument by filing a notice of waiver of oral argument within 7 days after the notice of oral argument is sent. If all parties in the case waive oral argument, the court may vacate the oral argument and take it off the calendar.
Prior to the argument each side has submitted a legal brief?a written legal argument outlining each party's points of law. The Justices have read these briefs prior to argument and are thoroughly familiar with the case, its facts, and the legal positions that each party is advocating.
An oral argument is an oral presentation attorneys make to the court. Oral argument is an opportunity for attorneys to emphasize certain legal points and for the appellate court to ask questions about the case to help clarify the parties' arguments.