Additional Time for Oral Argument

Typically during oral argument the appellant and appellee are each given fifteen minutes to argue their respective cases.  When there is more than one appellant or appellee, the allotted time must be shared.  The sharing of oral argument time is most often clumsy, ineffective, and discouraged by the judges. Rather, it is more persuasive when one attorney argues all the issues.  Because attorneys represent  individual clients and not entire sides of a case, however, sharing of time will undoubtedly continue so that each attorney can ensure that his or her client is fairly represented.

As a heads up to those facing this issue in the future, it is possible to move for additional time to be shared among multiple parties on one side.  For example, in E-Pass Technologies, Inc. v. 3COM Corp. et al., 2006-1356 (Fed. Cir. Jan. 12, 2007) the Federal Circuit granted the three appellees ten minutes each for a total of thirty minutes rather than the typical fifteen minutes for all appellees.  This is what Chief Judge Michel remarked at that time: [Listen].

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