Rule 59.

1997 Rules of Appellate Procedure

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Rule 61	Rule 62	Rule 63	Rule 64	Rule 65

RULE 59. SUBMISSION AND ARGUMENT

59.1 Submission Without Argument. If at least six members of the Court so vote, a petition may be granted and an opinion handed down without oral argument.

59.2 Submission With Argument. If the Supreme Court decides that oral argument would aid the Court, the Court will set the case for argument. The clerk will notify all parties of the submission date.

59.3 Purpose of Argument. Oral argument should emphasize and clarify the written arguments in the briefs. Counsel should not merely read from a prepared text. Counsel should assume that all Justices have read the briefs before oral argument and should be prepared to respond to the Justices’ questions.

59.4 Time for Argument. Each side is allowed only as much time as the Court orders. Counsel is not required to use all the allotted time. On motion filed before the day of argument, the Court may extend the time for argument. The Court may also align the parties for purposes of presenting argument.

59.5 Number of Counsel. Generally, only one counsel should argue for each side. Except on leave of court, no more than two counsel on each side may argue. Only one counsel may argue in rebuttal.

59.6 Argument by Amicus Curiae. With leave of court obtained before the argument and with a party's consent, an amicus may share allotted time with that party. Otherwise, counsel for amicus curiae may not argue.

Notes and Comments
Comment to 1997 change: Former Rules 170, 171, and 172 are merged. Subdivisions 59.2 and 59.3 are new. Other changes are made.

Last modified: November 08, 2001