Colo. R. App. P. 34

As amended through Rule Change 2021(22), effective October 14, 2021
Rule 34 - Oral Argument
(a) In General. Oral argument may be allowed at the discretion of the court. A request for oral argument must be made in a separate document entitled "request for oral argument." The request must be filed no later than 7 days after briefs are closed. The court may order oral argument regardless of whether any party requested oral argument.
(b) Notice of Argument; Postponement. The clerk must advise all parties of the date, time, and place oral argument. A motion to postpone the argument must be filed reasonably in advance of the argument date.
(c) Time Allowed for Argument.
(1) In the Supreme Court. Unless the court orders otherwise, each side will be allowed 30 minutes for argument. Any motion for additional time must be made by motion filed within 7 days after the briefs are closed, and will be granted only if good cause is shown. The court may vacate or terminate the argument if, in its judgment, further argument is unnecessary.
(2) In the Court of Appeals. Unless the court orders otherwise, each side will be allowed 15 minutes for argument. Any motion for additional time must be filed within 7 days after the briefs are closed and will be granted only if good cause is shown. The court may vacate or terminate the argument if, in its judgment, further argument is unnecessary.
(d) Order and Content of Argument. The appellant opens the argument and may reserve a portion of its allotted time for rebuttal. Parties should not read at length from briefs, records, or authorities. Unless the court orders otherwise, oral arguments will be limited to the issues raised in the briefs.
(e) Cross-Appeals and Separate Appeals. If there is a cross-appeal, C.A.R. 28.1(b) determines which party is the appellant and which is the appellee for purposes of oral argument. Unless the court directs otherwise a cross-appeal will be argued with the initial appeal ast a single argument. The court may set separate appeals that involve the same or similar issues together for argument. In such cases, separate parties should avoid duplicative argument.
(f) Nonappearance of Parties. If the appellee fails to appear for argument, the court may hear argument by the appellant, if present. If the appellant fails to appear, the court may hear argument by the appellee. If neither party appears, the case will be decided on the briefs unless the court orders otherwise.
(g) Use of Physical Exhibits at Argument; Removal. Parties intending to use physical exhibits other than documents at the argument must arrange with the clerk of court to place them in the court room on the day of the argument before the court convenes. After the argument, the party must removed the exhibits from the court room unless the court directs otherwise. The clerk may destroy or dispose of the exhibits if a party does not reclaim them within a reasonable time after the clerk has given notice to remove them.
(h) Supreme Court Sessions En Banc and in Departments. The chief justice may convene the court en banc at any time, and must do so on the written request of three justices. Subject to this provision, or as limited by the constitution, sessions of the court in departments for the purpose of hearing oral arguments, and designation of the justices to hear such arguments, will be under the direction and control of the chief justice.
(i) References to Minors and Sexual Assault Victims. Reference at oral arguments to sexual assault victims and minors must comply with the requirements of C.A.R. 32(f).

C.A.R. 34

Source: b1 and c amended March 15, 1985, effective July 1, 1985; b amended August 30, 1985, effective January 1, 1986; d amended and adopted April 4, 1996, effective July 1, 1996; b2 amended and effective September 9, 2004; b amended and adopted December 14, 2011, effective January 1, 2012, for all cases pending on or filed on or after January 1, 2012, pursuant to C.R.C.P. 1 b.

Comment

2015

Subsection (i) is a new subsection. It is consistent with new C.A.R. 32(f), and is based on the legislative requirements set forth in Colo. Rev. Stat. §§ 19-1-102 (1.7), 19-1-109(1), and 24-72-304(4)(a), and is consistent with longstanding court practice.

Comment to (b): This change places a limit on the time period for filing a request for oral argument. The time period is the same as the limit for filing a request for additional time.

Annotation Law reviews. For article, "Supreme Court Proceedings: Rules 111-119 ", see 23 Rocky Mt. L. Rev. 618 (1951). Decision on briefs satisfies obligation of counsel on criminal appeal. Where counsel for the parties filed with the court a statement requesting a decision upon the briefs of the respective parties without oral argument pursuant to section (f), it was held that the statement was in accord with the standards of criminal justice, as they relate to the obligations of counsel for the defendant on appeal. Garcia v. People, 174 Colo. 372, 483 P.2d 1347 (1971). Requests for further oral arguments. Where no request for further oral argument was made, nor was any request for an argument en banc made until after the announcement of the court's decision, the right, if it existed, was waived. Scott v. Shook, 80 Colo. 40, 249 P. 259, 47 A.L.R. 1108 (1926) (decided under former Supreme Court Rule 43 ). .