5th Cir. IOP (R. 32)

APPEAL CONFERENCES - SEE 5TH CIR. R. 15.3.5

5TH CIR R. 34 ORAL ARGUMENT

34.1 Docket Control. In the interest of docket control, the chief judge may from time

to time appoint a panel or panels to review pending cases for appropriate assignment or

disposition under this rule or any other rule of this court.

34.2 Oral Arguments. Oral argument is governed by FED. R. APP. P. 34. Cases not

set for oral argument are placed on the summary calendar for decision. The clerk will calendar

the oral argument cases based upon the court's calendaring priorities. Counsel for each party

must present oral argument unless excused by the court for good cause. The oral argument

docket will show the time the court has allotted for each argument. If counsel for all parties

indicate that oral argument is not necessary under paragraph .3 of this rule, the case will be

governed by FED. R. APP. P. 34(f).

34.3 Submission Without Argument. A party desiring to waive oral argument

in a case set for oral argument must file a motion to waive argument at least 7 days before the

date set for hearing.

34.4 Number of Counsel To Be Heard. Not more than 2 counsel will be heard for

each party on the argument of a case, and the time allowed may be apportioned between counsel

in their discretion.

34.5 Expediting Appeals. The court may, on its own motion or for good cause

on motion of either party, advance any case for hearing, and prescribe an abbreviated

briefing schedule.

34.6 Continuance of Hearing. After a case has been set for hearing, the parties

or counsel may not stipulate to delay the hearing. Only the court may delay argument for

good cause shown. Engagement of counsel in other courts ordinarily is not considered good

cause.

34.7 Recording of Oral Arguments. No cameras, tape recorders, or other

equipment designed for the recording or transmission of visual images or sound may be used

during oral argument without prior court approval. With the advance approval of the

presiding judge, counsel may arrange, at their own expense, for a qualified court reporter to

record and transcribe oral argument. If it is the court reporter’s usual practice, the reporter

may make and use a sound recording for the sole purpose of preparing an accurate

transcript. The reporter may not make any recordings of the oral argument available to

counsel, a party, or any other person until the court posts its recording of the oral argument

on the court’s Internet website.

34.8 Criminal Justice Act Cases. The court expects court-appointed counsel to

present oral argument. An associate attorney not appointed under the act may present

argument only under the most pressing and unusual circumstances, and upon the court’s

advance authorization.

34.9 Checking In with Clerk's Office. On the day of hearing counsel must check

in with the clerk 30 minutes before court convenes to confirm the name of the attorney or

attorneys who will present argument for each party and how the argument time will be divided

between opening and rebuttal. All counsel in the fourth and fifth cases on the docket heard

in New Orleans may check in by telephone, but must report in person to the clerk's office

within one hour after court convenes. On the last day of a New Orleans session, all attorneys

must report in person to the clerk's office 30 minutes before court convenes.

34.10 Submission Without Argument. When a case is placed on the oral argument

calendar, a judge of the court has determined that oral argument would be helpful. Therefore,

requests of the parties to waive oral argument are not looked upon with favor, and counsel may

be excused only by the court for good cause. See 5TH CIR. R. 34.3.

If appellant fails to appear in a criminal appeal from conviction, the court will not hear

argument from the United States.

34.11 Time for Oral Argument. The time allowed for oral argument is indicated on the

printed calendar. Most cases are allowed 20 minutes to the side. The word “side” refers to

parties in their position on appeal. Where in doubt, consult the clerk’s office.

34.12 Additional Time for Oral Argument. Additional time for oral argument is

sparingly permitted. Requests for additional time should be set forth in a motion or letter

to the clerk filed well in advance of the oral argument.

34.13 Calling the Calendar. The court usually does not call the calendar unless there

are special problems requiring attention. The court hears the cases in the order they appear

on the calendar.