Oral arguments are spoken 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.
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Oral argument in the United States
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The audio recordings are posted on Fridays after Conference. The audio recordings are listed by case name, docket number, and the date of oral argument. The Court began audio recording oral arguments in Prior to the Term, the recordings from one Term of Court were not available until the beginning of the next Term. Toggle navigation. Argument Audio.
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How to Prepare for Oral Argument
For those yet unfamiliar with the in's and out's of moot court oral argument, the following should serve as a guide. Preparing for your argument? Here are some other tips from faculty members and members of the Moot Court Board.
Oral argument is the last step in the appeal process before the Court of Appeal makes a decision. During oral argument, all parties who filed a brief are offered a limited amount of time to speak directly to the Court of Appeal justices before they decide the appeal. Oral argument is an opportunity for the parties to make sure the court understands the most important issues of an appeal. The parties can explain the arguments in their briefs and answer questions from the justices. You can also review these step-by-step guides on how to prepare for oral argument and what to do the day of oral argument.
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