RULE 34. ORAL ARGUMENT
In General. Request for Oral Argument.
(1) Party's Statement. Any party may file, or the court may require, a statement explaining why oral argument should, or need not, be permitted.
(1) Oral argument generally will be allowed unless:(a) a party has failed to file a timely brief;
(b) no request for oral argument has been made by any party as required by Rule 28(h);
(c) the parties have agreed to waive oral argument; or
(d) the Court, in the exercise of its discretion, determines oral argument is unnecessary.
(b) Time Allowed for Argument; Postponement.Regardless of the number of counsel on each side, the appellant will be allowed 30 minutes and the appellee will be allowed 20 minutes to present argument. Arguments on motions will be granted only in extraordinary circumstances. A motion to postpone the argument or to allow longer argument must be filed reasonably in advance of the hearing date. A party is not obliged to use all of the time allowed, and the court may terminate the argument at any time.
(c) Order and Content of Argument.The appellant opens and may reserve time to conclude the argument. The opening argument may include a fair statement of the case. Counsel must not read at length from briefs, records, or authorities.
(d) Cross-Appeals and Separate Appeals.Unless the court directs otherwise, a cross-appeal or separate appeal must be argued when the initial appeal is argued. Parties should not duplicate arguments.
(e) Nonappearance of a Party.If oral argument is conducted and the appellee fails to appear
argument, the court must hear appellant's argument. If the appellant fails to appear the court may
hear the appellee's argument. If neither party appears, the case will be decided on the briefs,
unless the court orders otherwise.
(f) Submission on Briefs.
Any party may submit its argument If no oral argument is scheduled
under Rule 34(a)(1), the case will be submitted to the court on the briefs, but unless the court
may directs otherwise that the case be argued.
Rule 34 was amended, effective July 1, 1981; January 1, 1988; March 1, 1994; March 1, 1997;March 1, 2003;October 1, 2014, _____________.
Under subdivision (b), in the case of multiple appellants or appellees, each side must divide the time accorded unless additional time has been requested and granted. The omission of subdivision (g) of the Federal Rule is not intended to prevent the use of any exhibits at oral argument.
Rule 34 was revised, effectiveMarch 1, 2003, in response to the December 1, 1998, amendments to Fed.R.App.P. 34. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
Subdivision (a) was amended, effectiveMarch 1, 2003, to make clear that the court has discretion to determine whether oral argument should or should not be permitted.
Subdivision (a) was amended, __________, to outline when oral argument will or will not be allowed.
Rule 34 was amended, effectiveOctober 1, 2014, to replace "supreme court clerk" with "clerk of
the supreme court." STATUTES AFFECTED: CROSS REFERENCE:N.D.R.App.P. 28(h)(Cross-Appeals).
Superseded: N.D.C.C. §§ 28-31-04, 28-31-05, 29-28-23, 29-28-24, and 29-28-25.
CROSS REFERENCE:N.D.R.App.P. 28(h)(Cross-Appeals).