How long do oral arguments last in Supreme Court cases? Although the U.S. Supreme Court may receive as many as 7,000 appeals (called writs of certiorari) during a term, the Court considers only about 100 cases a year; for the remainder, the decisions of the lower court stand.
Unless the Court directs otherwise, each side is allowed one-half hour for argument. Counsel is not required to use all the allotted time.
Rule 28. Oral Argument. 6. Oral argument will not be allowed on behalf of any party for whom a brief has not been filed. 7. By leave of the Court, and subject to paragraph 4 of this Rule, counsel for an amicus curiae whose brief has been filed as provided in Rule 37 may argue orally on the side of a party, with the consent of that party.
Sittings and recesses alternate at approximately two-week intervals. With rare exceptions, each side is allowed 30 minutes argument and up to 24 cases may be argued at one sitting. Since the majority of cases involve the review of a decision of some other court, there is no jury and no witnesses are heard.
During oral arguments, each side has approximately 30 minutes to present its case, however, attorneys are not required to use the entire time.
The Court holds oral argument in about 70-80 cases each year. The arguments are an opportunity for the Justices to ask questions directly of the attorneys representing the parties to the case, and for the attorneys to highlight arguments that they view as particularly important.
one-hourUnless otherwise noted, the Court generally hears two, one-hour oral arguments, with attorneys for each side of a case given 30 minutes to make a presentation to the Court and answer questions posed by the Justices. These sessions are open to the public.
How to Prepare for Oral ArgumentDitch the outline. Outlines encourage rigid thinking. ... Practice intense preparation. ... Organize and practice your argument. ... Commit your argument to memory. ... If you can, moot your argument. ... Last-minute prep on the day of your argument.
Unless otherwise noted, the Court generally hears two, one-hour oral arguments, with attorneys for each side of a case given 30 minutes to make a presentation to the Court and answer questions posed by the Justices. These sessions are open to the public.
After the oral arguments have been finished, the court meets, in its conference room, to reach a preliminary decision about the outcome of each case. When the justices disagree, the greater number becomes the majority of the court on that case.
The writing and editing is an extremely time-consuming process done in collaboration with the justices, so it's a process of weeks and months given the depth of analysis and the back-and-forth that needs to happen in the editing stages. The entire process isn't fast because it's not designed to be fast.
What are the five steps through which a case passes in the Supreme Court? Written arguments, oral arguments, conference, opinion writings, and announcement.
Beginning with the October Term 2010, the audio recordings of all oral arguments heard by the Supreme Court of the United States are available free to the public on the Court's website, www.supremecourt.gov. The audio recordings are posted on Fridays at the end of each argument week.
First, oral argument provides a unique opportunity for attorneys to converse with judges and be a part of the decision-making process. Second, oral argument is valuable for clients, who can see their concerns being addressed by the court and better understand how invested the judges are in the case.
Remember that the court has the briefs. You do not simply read your brief on oral argument. Oral argument is the place where you clarify what is in your brief, where you argue facts and policy. Case law is used to buttress your points: know it thoroughly.
Expect questions from the Court, and make every effort to answer the questions directly. If at all possible, say “yes” or “no,” and then expand upon your answer if you wish. If you do not know the answer, say so. Anticipate what questions the Justices will ask and be pre pared to answer those questions.
Sittings and recesses alternate at approximately two-week intervals.
Since the majority of cases involve the review of a decision of some other court, there is no jury and no witnesses are heard. For each case, the Court has before it a record of prior proceedings and printed briefs containing the arguments of each side.
Any member of the Supreme Court Bar may attend any argument, space permitting. Before entering, they will be required to report to the Clerk’s assistant who is seated adjacent to the statue of Chief Justice John Marshall in the Lower Great Hall on the ground floor.
A case selected for argument usually involves interpretations of the U. S. Constitution or federal law. At least four Justices have selected the case as being of such importance that the Supreme Court must resolve the legal issues.
The Justices enter the Courtroom through three entrances behind the Bench. The Chief Justice and two senior Associate Justices enter through the center, and three Associate Justices enter through each side. They also sit on the Bench in order of seniority with the Chief Justice in the middle, and the others alternating from left to right, ending with the most junior Associate Justice on the far right, as you face the Bench.
During an argument week, the Justices meet in a private conference, closed even to staff, to discuss the cases and to take a preliminary vote on each case. If the Chief Justice is in the majority on a case decision, he decides who will write the opinion.
The clerks often listen to oral arguments. They are seated in the chairs flanking the Courtroom on the right. Special Guests. Guests of Justices are seated in the benches to the right of the Bench and are seated in order of the seniority of the Justice who invited them.
A checkroom is available on the first floor to check coats and other personal belongings. Coin operated (quarters only) lockers for cameras and other valuables are available. The checkroom closes 30 minutes after Court adjourns. We do not recommend taking infants or small children into the Courtroom.
Male attorneys shall wear a coat and a tie. Female attorneys shall wear comparable attire (suit, dress, or dress slacks with matching jacket). Hats and furs are not permitted. Topcoats, raincoats, jackets and umbrellas must be checked in the cloakroom.
Rule 28. Oral Argument. 1. Oral argument should emphasize and clarify the written arguments in the briefs on the merits. Counsel should assume that all Justices have read the briefs before oral argument. Oral argument read from a prepared text is not favored. 2.
In the absence of consent, counsel for an amicus curiae may seek leave of the Court to argue orally by a motion setting out specifically and concisely why oral argument would provide assistance to the Court not otherwise available. Such a motion will be granted only in the most extraordinary circumstances. 8.