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Rule 423. Argument (1984)


(a) Right to Argument. When a case is properly prepared for submission, any party who has filed briefs in accordance with the rules prescribed therefor may, upon the call of the case for submission, submit an argument to the court, either oral or plainly written or printed. If written or printed, six copies shall be filed with the record.

(b) Subject Matter. The arguments must be upon the disputed points, whether of law or fact, in support of the points relied on, on one side, and objections and counterpoints on the other, and it must be confined to them, avoiding any reference or comment upon positions taken in the trial court, or to other extraneous matters not involved in or pertaining to that which is found in the record.

(c) Requirement to Answer Questions. Counsel will be expected to answer questions propounded by members of the court relating to the matter in the record and to the law or authorities cited by counsel in the argument.

(d) Time Allowed. In the argument of cases in the Court of Appeals, each side may be allowed thirty minutes in the argument at the bar, with fifteen minutes more in conclusion by the appellant. In cases involving difficult questions, the time allotted may be extended by the court, provided application is made before argument begins. The court may also align the parties for purposes of presenting oral argument.

Not more than two counsel on each side will be heard, except on leave of the court.

Counsel for an amicus curiae shall not be permitted to argue except that an amicus may share time allotted to one of the counsel who consents and with leave of the court obtained prior to time for argument.

(e) When Only One Party Files a Brief. If counsel for but one party has filed briefs, an argument by him may be allowed, conformably to the preceeding provisions as nearly as practicable, under the direction of the court.

Amended by order of Dec. 5, 1983, eff. April 1, 1984: The rule is rewritten to consolidate several other rules. (a) is former Rule 423, with changes; (b) is former Rule 424 unchanged; (c) is former Rule 425 unchanged; (d) is from former Rule 426 extensively revised; (e) is former Rule 427 unchanged.

Prior Amendments Future Amendments
Oct. 29, 1940, eff. Sept. 1, 1941 Dec. 19, 1984, eff. April 1, 1985
  Repealed by order of April 10, 1986, eff. Sept. 1, 1986