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Appellate Courts › Litigation Strategies › Oral Argument

Chartwell Law

Supreme Court Oral Argument

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As I think I have admitted previously, I have what some might consider an unusual habit. When I have a longer drive to make, I listen to oral arguments at the United States Supreme Court. It keeps me awake and my mind sharp,...more

Fox Rothschild LLP

Masterclass: North Carolina Supreme Court Explains Error Preservation in the Directed Verdict and JNOV Context.

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Parties must move for a directed verdict to preserve their right to request judgment notwithstanding the verdict (JNOV*) after an unfavorable verdict is returned. Friday’s batch of Supreme Court opinions includes a...more

Chartwell Law

Understanding the Impact of Supreme Court Appointments on Appellate Law

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This may be a bit of a “law geek” admission, but whenever I know I’ll be driving alone for at least thirty minutes, I make a habit of listening to Supreme Court arguments. Now that the Court posts them online in near...more

Fox Rothschild LLP

Fast Talk: Compressed Oral Arguments in N.C. Court of Appeals

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Oral argument in the appellate courts typically last an hour, with 30 minutes allotted to each side to present arguments. But might a shorter oral argument period be more productive if the parties knew ahead of time the...more

Ward and Smith, P.A.

The Importance of Oral Arguments in Appellate Courts: Insights for Trial and Appellate Practitioners

Ward and Smith, P.A. on

Recent stats show an interesting trend in the U.S. Court of Appeals for the Fourth Circuit: oral arguments are held in just 13% of cases. This differs from other circuits like the D.C. Circuit, where almost 50% of cases get...more

Carlton Fields

Asking for Oral Argument in the U.S. Courts of Appeals

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In many federal courts of appeals, the statement on oral argument occupies a prime position in a brief. It is often the first substantive statement a judge reads. Yet so few advocates use this valuable “real estate” to...more

Butler Snow LLP

Jury Charges and Oral Argument | David Keltner | Texas Appellate Law Podcast

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[Co-Host: Jody Sanders] When people think about appeals, they may not realize that some of the most important appellate work happens in the trial court. One of the keys to a successful appeal is making sure that the jury...more

Morrison & Foerster LLP - Federal Circuitry

When Do Federal Circuit Judges Sit (2022)?

Morrison & Foerster LLP - Federal Circuitry on

Now that we’re nearing the end of 2022 (crazy, right?), we thought we’d update our data on when Federal Circuit judges sit. We looked at this in early 2021 (When Do Federal Circuit Judges Sit?), and we’ve twice looked at data...more

JAMS

How Not to Argue an Appeal: A Former Judge’s View

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I agree with conventional wisdom, which says that all things being equal, you can never win an appeal solely on oral argument, but you can lose. I have seen it happen, and not infrequently. It’s why I used to tell my law...more

Morrison & Foerster LLP - Left Coast Appeals

The Ninth Quickens its Pace

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A Ninth Circuit appeal is generally a long-term endeavor. The Court itself tells parties that the likely “time-to-argument”—i.e. the time between a filing a notice of appeal and the Court hearing oral argument—is between 12...more

Morrison & Foerster LLP - Federal Circuitry

When Do Federal Circuit Judges Sit?

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A couple weeks ago we wrote about how often Federal Circuit judges sit in a given year (see How Often Do Federal Circuit Judges Sit?). Spoiler: they sit a lot. In that post, though, we looked at the data for each judge...more

Troutman Pepper Locke

The Federal Circuit Speaks

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The Clerk’s Office of the U.S. Court of Appeals for the Federal Circuit has just issued its Guide for Oral Argument (January 2020, Version 2.0). The guide includes guidelines for counsel during oral argument, and are as...more

Carlton Fields

Openings in Appellate Oral Arguments

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You are on your feet at the podium and you have told the appellate panel who you are and whom you represent. What is the first substantive thing you should now tell the court (always assuming you get that opportunity before...more

Carlton Fields

As An Advocate, Welcome Questions From The Bench And Use Them To Win Your Appeal

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Everyone fears getting a question during oral argument that they don’t know the answer to or that only has an answer not helpful to their position on appeal....more

K&L Gates LLP

Distressed Solutions: Preparing For and Dealing With Appeals

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Appeals happen. Maybe you won in the trial court and the other side wants to challenge, or maybe you lost (but that must have been a mistake, right?). Either way, you need to preserve your arguments and prepare for an appeal...more

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