Oral argument

Oral arguments are spoken presentations to a judge or appellate court by a lawyer (or parties when representing themselves) of the legal reasons why they should prevail.

[1] Unlike trial court procedure, where judges intervene only when asked by the parties to resolve objections, it is typical for judges at the appellate level to be active participants in oral argument, interrupting the presenting lawyers and asking questions.

[2] It is also true that when a motion is made before or during trial that the lawyers conduct themselves before the judge in a manner similar to the presentation of the case on appeal, the lawyers present their arguments to the judge in a more conversational mode; in some pre-trial proceedings these appearances may not be recorded by court stenographers as they are invariably recorded in appellate proceedings.

Oral argument is not always considered an essential part of due process, as the briefs also give the parties an opportunity to be heard by the court.

[4] David Tatel, judge in the US Court of Appeals for the District of Columbia Circuit, has referred to a "long-established rule" that contentions made for the first time at oral argument are "rarely considered".