Oral argument


Oral argument

Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute. Oral arguments can also occur during motion practice when one of the parties presents a motion to the court for consideration before trial, such as when the case is to be dismissed on a point of law, or when summary judgment may lie because there are no factual issues in dispute.

Oral argument operates by each party in a case taking turns to speak directly to the judge or judges with an equal amount of time allotted to each. A party may often reserve part of their time to be used for rebuttal after their adversary has presented.

Presenting lawyers usually cannot get away with simply making speeches or reading their briefs when presenting oral argument to an appeal court. Unlike trial court procedure, where judges intervene only when asked by the parties to resolve objections, it is typical for judges at the appellate level to be active participants in oral argument, interrupting the presenting lawyers and asking questions. This is true even of courts that are formed of panels of multiple judges, such as the United States Supreme Court, where a presenting lawyer must be prepared to handle questions from any of the nine justices. It is also true that when a motion is made before or during trial that the lawyers conduct themselves before the judge in a manner similar to the presentation of the case on appeal, the lawyers present their arguments to the judge in a more conversational mode; in some pre-trial proceedings these appearances may not be recorded by court stenographers as they are invariably recorded in appellate proceedings.

Oral argument is not always considered an essential part of due process, as the briefs also give the parties an opportunity to be heard by the court. Whether a court will permit, require, or guarantee the opportunity to present oral argument is usually left up to each court to decide as part of its rules of procedure, with differences from court to court even within a single jurisdiction. Some courts may guarantee the right to present oral argument, either requiring the parties to request to present or their waiver if they do not wish to, while other courts may require oral argument without the ability to waive it. Courts may also have the discretion to decide a case without presentation of oral argument, rendering their judgment entirely based on the arguments set forth in the parties' briefs.

ee also

* Closing argument


Wikimedia Foundation. 2010.

Look at other dictionaries:

  • oral argument — / ōr əl / n: oral presentation of a party s position and the reasoning behind it before an esp. appellate court Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. oral argument …   Law dictionary

  • oral argument — устное представление фактов, их оценки и/или правовых аргументов …   Glossary of international commercial arbitration

  • Oral argument in the United States — Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail. Oral argument at the appellate level accompanies written briefs, which also… …   Wikipedia

  • argument — ar·gu·ment n 1: a reason or the reasoning given for or against a matter under discussion compare evidence, proof 2: the act or process of arguing, reasoning, or discussing; esp: oral argum …   Law dictionary

  • Argument (disambiguation) — In general parlance, an argument is a discussion involving conflicting points of view. General types of argument * Argument, a demonstration of a proof, or using logical reasoning for persuasion * Argument form, the logical structure of an… …   Wikipedia

  • oral — Uttered by the mouth or in words; spoken, not written @ oral argument Presentation of reasons for affirmance, reversal, modification, etc. by appellee and appellant before appellate court; generally limited in time by court rule; e.g. Fed.R.App.P …   Black's law dictionary

  • argument — An effort to establish belief by a course of reasoning. In rhetoric and logic, an inference drawn from premises, the truth of which is indisputable, or at least highly probable. See also oral argument …   Black's law dictionary

  • argument — An effort to establish belief by a course of reasoning. In rhetoric and logic, an inference drawn from premises, the truth of which is indisputable, or at least highly probable. See also oral argument …   Black's law dictionary

  • Oral interpretation — is a dramatic art, also commonly called interpretive reading and dramatic reading , though these terms are more conservative and restrictive. In certain applications, oral interpretation is also a theatre art as in reader s theatre, in which a… …   Wikipedia

  • Oral transmission (synoptic problem) — Oral Transmission is a different approach to understanding the Synoptic Gospels in New Testament scholarship. Current theories attempt to link the three synoptic gospels together through a common textual tradition. However, many problems arise… …   Wikipedia