13.2 FORMAT

In appellate arguments, the petitioner (or appellant) argues first, standing at a podium or lectern, and facing a panel of judges. Petitioner may reserve some of the allotted time for rebuttal.

In a motion argument, the party who has brought the motion argues first. Motions to dismiss are almost always brought by the defendant, but motions for summary judgment may be brought by either party. The formal requirements for motion oral arguments vary from court to court. Some courts have a “motion docket,” where all motions are heard by the same judge, who may not be the judge that the case is assigned to for trial. Other courts may use a “motion day,” once a week or on some other schedule. The typical method for oral argument is for a judge or judges to question an attorney standing at a podium, to use strict timekeeping methods, and to allow only the first speaker to present a rebuttal. Some trial judges, however, may dispense with some of these formalities. Because it is usually easier to move from more formal requirements to less formal requirements, this chapter presumes a more formal motion argument. In practice, of course, you should follow local rules and local customs.