Law.com has Which Federal Appeals Courts Grant Oral Argument the Most and Least Often?
- D.C., Second and Seventh circuits held oral argument in a higher percentage of appeals than other circuits from 2022 to 2023.
- Third, Fourth, Sixth and Eleventh circuits were at the other end of the spectrum.
- Circuit norms, workloads and geographical constraints explain differences among circuits, attorneys say.
The First Circuit holds oral arguments at a rate that’s on the higher end compared with other federal appeals courts. Thirty-one percent of the First Circuit’s appeals that were terminated on the merits were decided after oral argument between September 2022 and September 2023, according to statistics from the Administrative Office of the U.S. Courts. The D.C. Circuit had the highest rate (48%), followed by the Second (36%), Seventh (35.7%) and then the First Circuit. On the opposite end of the spectrum are the Fourth (13%), Third (13.4%) and Sixth and Eleventh circuits (both 13.6%).On the topic of oral argument, today's Garner's Usage Tip of the Day explains that a "podium" is (1) a low wall serving as an architectural foundation; (2) a raised platform that a speaker or orchestra conductor stands on; dais; or (3) a stand for holding a speaker's notes; lectern. "Sense 3, once widely condemned as a misuse, has become commonplace. But careful writers tend to avoid it."