Wednesday, January 22, 2020

Oral argument guidelines

Law360 reports Fed. Circ. Judges To Attorneys: Don't Interrupt Us
The Federal Circuit has unveiled a series of new guidelines for attorneys arguing before the court, with one piece of advice topping the list: If you feel the urge to cut off one of the judges, bite your tongue.
The guidelines are sound advice for arguing in any court:

  • 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.