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TITLE 38 App. > RULES > Rule 34

Rule 34. Oral Argument

(a) In General. Oral argument will be allowed only when ordered by the Court and will be held where and when the Court orders. Oral argument normally is not granted on nondispositive matters. The Court may order oral argument on its own initiative or on a party’s motion filed not later than 14 days after the reply brief is due or filed, whichever is sooner. A motion for oral argument may not be included in any brief. A party may request that oral argument be held at a particular law school in the United States.
(b) Notice of Argument; Postponement; Additional Time. The Clerk will advise all parties and issue a public order as to when and where oral argument is to be heard, the time to be allowed each party, and the judge or judges assigned to the case. Where possible, the Clerk will schedule oral argument so as to minimize inconvenience to the parties. A request for postponement of the argument or for the allowance of additional time must be made by motion filed reasonably in advance of the date fixed for argument and must contain a showing of good cause.
(c) Order and Content of Argument. The appellant will generally open and conclude the argument. A party will not be permitted to read at length from briefs, records, or authorities. In argument on motions, the movant will generally open and conclude the argument.
(d) Nonappearance of Parties. If any party fails to appear to present argument, the Court will hear argument by any other party who is present.
(e) Physical Exhibits. A party who wishes to use physical exhibits other than documents must arrange with the Clerk to have them placed in the courtroom on the date of the argument before the Court convenes. After the argument, the party must remove the exhibits unless the Court otherwise directs. If the exhibits are not reclaimed within a reasonable time after notice is given by the Clerk, they will be disposed of by the Clerk.

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