Appeals
Oral Argument
Oral argument is the hearing where lawyers answer questions from the appellate panel about the issues in the briefs.
It is short, often fifteen minutes a side, and it is not a speech. The judges have read the briefs and use the time to test the weakest points, so most of the session is questions and answers rather than prepared remarks.
Many appeals never get one. Panels decide a large share of cases on the briefs alone, and federal circuits post recordings of the arguments they do hold, which are free to listen to.
Predicting outcomes from argument is unreliable. Judges often press the side they end up favoring, and a panel that seems hostile in March can affirm in September, which is why practitioners warn against reading too much into a hard question.
How it appears on a docket
ARGUED AND SUBMITTED before Judges Nakamura, Ellery, and Boone on 3/12/2027 in San Francisco. Audio recording available.
Governing rule
Fed. R. App. P. 34
Related terms
- Appellate Brief — An appellate brief is the written argument filed in a court of appeals explaining why the decision below should be affirmed or reversed.
- En Banc — En banc means the full court of appeals hears a case, rather than the usual three-judge panel.
More on appeals
See this term in a real case
Search federal court records and read the filings where oral argument actually shows up. New to federal dockets? Start with how to find a federal case.