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.