Order ofArgument Opening tlae Argument

ORAL Normally appellants or petitioners argue The will tell the parties when first. Appellees or respondents argue next. to begin their arguments. It is common, ARGUMENT Appellants or petitioners may close with a but not mandatory, to begin an oral in the rebuttal argument if they have any argument with words to the effect 11May it remaining argument time. Complex cases please the court ...." It is not necessary to involving multiple parties may require a address the chief justice and each justice different argument order. by title or name. You must identify yourself after addressing the court. Time for Argument Structure ofArgument Whether this is your first oral argument Before the court enters the courtroom, the before the Alaska Supreme Court or you clerk will ask the appellant or petitioner It is helpful to announce briefly the legal have argued to the court before, please how he or she wishes to split the allotted issues to be discussed, and to then discuss consider these suggestions. time between opening argument and each significant issue in tum. Experienced rebuttal. For example, if the allotted time appellate usually do not d.iscuss Requesting or Waiving Oral is 15 minutes, an appellant may wish to every issue in an , but focus on those Argument leave 5 minutes for rebuttal. When the they feel are most important. Please be opening argument begins, the clerk aware that the supreme court decides legal . You are not required to present oral triggers a clock that counts down the time. issues, and is not a that decides argument. The court will schedule If the appellant tells the clerk that the factual disputes. There is nothing complex argument only if at least one party requests opening argument is to be l 0 minutes about presenting an oral argument and it is it. If the appellant or petitioner waives his long, when the clock reaches 0, l 0 minutes not necessary or desirable to try to phrase or her opening argument or limits it to have expired, leaving 5 minutes for it in legal jargon. You should simply particular issues, any rebuttal argument rebuttal. If that opening argument lasts explain the factual and legal grounds for after the appellee or respondent argues longer than l 0 minutes, the clock will the result you seek. will be limited to topics discussed by the begin to read minus numbers. Normally appellee or respondent. Argument gives the court will not grant additional time for Questions by the Court you the opportunity to explain the legal rebuttal. Time not used by the appellant reasons you believe you should prevail. during the opening argument is available It is not unusual for justices to ask The court does not want parties to feel for the appellant's rebuttal argument. questions. The questions are often pointed afraid of presenting oral argument. When the clock shows that the party is out at issues the justice finds important. They of time, the party should promptly may concern the facts of the case or This pamphlet is published by the Clerk of the conclude the argument. some proposition of law. The party should Appellate Courts with the approval of the Alaska Supreme Court. SCP - l (4/98) 2 3 Questions by tire Court (cont.) Exhibits, Evidence After Argument (cont.) answer the question without delay. The Exhibits displayed in the courtroom are argument, and if the conference position questions often do not reflect how the often difficult to read. Be sure the type taken by that justice is in the majority, that entire court views the case or even that size is ample, equivalent to 72 point, and justice will be assigned responsibility for issue. The questions give an opportunity can easily be read by justices who may be drafting an opinion or other disposition. If to respond to a justice's possible concerns. as far as 40 feet from the display. Unless the conference position of that justice is no No additional time is added to a party's properly used, such displays are potentially longer in the majority, the case will be argument time for the time spent on distracting. In real property disputes, reassigned. The assigned justice circulates questions. however, the court often finds legible a draft to the other justices. The other displays such as maps to be very helpful. justices then vote on the draft. They often Demeanor exchange memoranda during the voting The Court's Preparation process. The opinion will normally be Parties and their attorneys are expected to published within 6-12 months after act with courtesy in the courtroom and to The justices will have read the parties' argument. In some cases, justices may be quiet during an opponent's presentation. briefs, the excerpts of record, and a law write separate opinions. Sometimes the clerk memorandum which thoroughly majority changes during the voting Preparing for Oral Argument summarizes the arguments, the facts, and process, and the case must be reassigned. pertinent legal propositions. The justices The time it takes the court to publish its The court expects the person arguing to will have already given substantial opinion varies depending on the have a good working knowledge of the attention to your case before you begin. complexity of the issues and on whether significant facts and the controlling legal Oral argumgnt, nonetheless; can be very the court is divided on one or more of the doctrines. The time allotted is short, and helpful in persuading the court. It allows issues. It may also depend on whether the preparation helps use the limited time the court to inquire into areas that might be case is expedited. effectively. Notes or an outline can be important, and to explore implications the useful. Reading a written speech is rarely parties may not have considered. effective, but for persons, especially non­ lawyers, not familiar with the process, this After Argument practice can be helpful. It can be useful to practice before the argument, preferably in The court normally confers promptly after front of someone else. Practicing with a leaving the courtroom, and discusses each tape recorder can also be helpful. You of the pertinent issues and reaches a may want to listen to prior arguments to tentative consensus on how the case know what to expect. should be decided. The case will have been assigned to a justice before the

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