Special Notice to Counsel who will Present Oral Argument is a formal notification issued by a court to lawyers who are scheduled to appear and present an oral argument in court. It outlines the necessary information about the case, such as the date and time of the hearing, the court's rules and regulations, and any other important information. There are two types of Special Notice to Counsel who will Present Oral Argument: one for attorneys appearing in an appellate court and one for attorneys appearing in a trial court. The notice for appellate court attorneys includes the case name, date and time of the hearing, court location, and information about the court's rules and regulations. The notice for trial court attorneys includes the case name, date and time of the hearing, court location, required documents, any special instructions, and information about the court's procedures.
Special Notice to Counsel who will Present Oral Argument
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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?
During oral arguments, each side has approximately 30 minutes to present its case, however, attorneys are not required to use the entire time.
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.
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.
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.
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.
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.
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.