Updated Federal Circuit Oral Argument Guidelines

The Federal Circuit has updated its guidelines for oral arguments. From the Federal Circuit website:

UPDATED ARGUMENT RESOURCES

The Clerk’s Office has released an updated version of its Guide for Oral Argument, which incorporates several changes including a revised Courtroom Decorum Policy and new Guidelines for Counsel During Argument.  This document and other resources are available on the Argument Resources page of the court’s website.   

Among other changes, the guide has added a new section VI:

VI. Guidelines for Counsel During Argument

The following guidelines are provided to assist counsel in making the best use of the allotted time at argument.

  • Counsel should not interrupt a judge.
  • Assume the court is familiar with the facts of the case.
  • Minimize reading.
  • Have a copy of the appendix and be familiar with the location of items.
  • Assume the court is familiar with the briefs and appendix contents.
  • When raising new authority at argument, provide a copy to opposing counsel ahead of time.
  • Stop your argument when your time expires unless the court permits you to continue.
  • Answer questions directly.
  • Avoid pejoratives.
  • When referring to specific portions of the appendix, provided accurate page citations.
  • Do not respond to a question with an unqualified citation to your brief in response to a question
  • Counsel seated at counsel tables should neither make inappropriate facial gestures nor engage in exaggerated gesticulation.

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