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Rule 29. Oral argument.

(a) Holding oral argument.

(1) SupremeCourt. Oral argument will be held in cases before the Supreme Court unlessthe court determines that oral argument will not aid the decisional process.

(2) Courtof Appeals. Oral argument will be allowed in all cases in which the Courtof Appeals determines that oral argument will significantly aid the decisionalprocess.

(3) Alternative means. The court may holdoral argument in person, by phone, or by videoconference.

(b) Notice; waiver;cancellation; continuance.

(1) Supreme Court. Not later than 28 days before the date on which a caseis calendared, the clerk will give notice of the time and place of oralargument, and the time to be allowed each side. If all parties to a casebelieve oral argument will not benefit the court, they may file a joint motionto cancel oral argument not later than 14 days from the date of the clerk?snotice. The court will grant the motion only if it determines that oralargument will not aid the decisional process. A motion to continue oralargument must be supported by (1) a stipulation of all parties or a statementthat the movant was unable to obtain such a stipulation, and (2) an affidavitof counsel specifying the grounds for the motion. A motion to continue filednot later than 14 days from the date of the clerk?s notice may be granted on ashowing of good cause. A motion to continue filed thereafter will be grantedonly on a showing of exceptional circumstances.

(2) Court of Appeals. Not later than 28 days before the date on which a case iscalendared, the clerk shall give notice to all parties that oral argument is tobe permitted, the time and place of oral argument, and the time to be allowedeach side. Any party may waive oral argument by filing a written waiver withthe clerk not later than 14 days from the date of the clerk?s notice. If oneparty waives oral argument and any other party does not, the party waiving oralargument may nevertheless present oral argument. A request to continue oralargument or for additional argument time must be made by motion. A motion tocontinue oral argument must be supported by (1) a stipulation of all parties ora statement that the movant was unable to obtain such a stipulation, and (2) anaffidavit of counsel specifying the grounds for the motion. A motion tocontinue filed not later than 14 days from the date of the clerk?s notice maybe granted on a showing of good cause. A motion to continue filed thereafterwill be granted only on a showing of exceptional circumstances.

(c) Argument order. The appellant argues firstand the appellee responds. The appellant may reply to the appellee?s argumentif appellant reserved part of appellant?s time for this purpose. Such argumentin reply is limited to responding to points made by appellee in appellee?s oralargument and answering any questions from the court.

(d) Cross and separate appeals. A cross orseparate appeal is argued with the initial appeal at a single argument, unlessthe court otherwise directs. If a case involves a separate appeal, theplaintiff in the action below is deemed the appellant for the purpose of thisrule unless the parties otherwise agree or the court otherwise directs. Ifseparate appellants support the same argument, care must be taken to avoidduplicative arguments. Unless otherwise agreed by the parties, in casesinvolving a cross-appeal the appellant, as determined pursuant to Rule 24A, opens the argument andpresents only the issues raised in the appellant?s opening brief. Thecross-appellant then presents an argument that answers the appellant?s issuesand addresses original issues raised by the cross-appeal. The appellant thenpresents an argument that replies to the cross-appellant?s answer to theappellant?s issues and answers the issues raised on the cross-appeal. Thecross-appellant may then present an argument that is confined to a reply to theappellant?s answer to the issues raised by the cross-appeal. The court will grantreasonable requests, for good cause shown, for extended argument time.

(e) Nonappearance of parties. If the appellee fails toappear to present argument, the court will hear argument on behalf of theappellant, if present. If the appellant fails to appear, the court may hearargument on behalf of the appellee, if present. If neither party appears, thecase may be decided on the briefs, or the court may direct that the case berescheduled for argument.

(f) Submission on the briefs. By agreement of theparties, a case may be submitted for decision on the briefs, but the court maydirect that the case be argued.

(g) Use of physical exhibits at argument; removal. Ifphysical exhibits other than documents are to be used at the argument, counsel mustarrange to have them placed in the courtroom before the court convenes on thedate of the argument. After the argument, counsel must remove the exhibits fromthe courtroom unless the court otherwise directs. If exhibits are not reclaimedby counsel within a reasonable time after notice is given by the clerk, they willbe destroyed or otherwise disposed of. 

EffectiveSeptember 23, 2020