(a) Notice of Argument; Postponement. The clerk will advise all parties of the date, time, and place for oral argument, the time allowed for oral argument, the court before which argument will occur, and if before the Supreme Court, whether it will be before the full court or a panel, and if deemed appropriate, the issues to be addressed at oral argument. A motion to postpone or change the location of the argument must be filed reasonably in advance of the date fixed for hearing and supported by good cause.(b) Time Allowed for Argument. Unless the case is submitted for decision on the briefs under Rule 34(f) or the court otherwise orders, each side will be allowed 15 minutes for argument. If a party believes that additional time is necessary for the adequate presentation of their argument, the party may request such additional time. A motion to allow longer argument must be filed reasonably in advance of the date fixed for the argument and will be liberally granted if cause therefor is shown. A party is not obliged to use all of the time allowed, and the court may terminate the argument whenever in its judgment further argument is unnecessary.(c) Order and Content of Argument. The appellant opens and concludes the argument. The opening argument must include a fair statement of the case. Counsel will not be permitted to 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 with the initial appeal at a single argument. If there is a cross-appeal, Rule 28.1(b) determines which party is the appellant and which is the respondent for the purpose of this Rule, unless the parties otherwise agree or the court otherwise directs. If separate appellants support the same argument, care must be taken to avoid duplication of argument.(e) Nonappearance of a Party. If the respondent fails to appear for argument, the court will hear the appellant's argument. If the appellant fails to appear, the court may hear the respondent's argument. If neither party appears, the case will be decided on the briefs unless the court orders otherwise.(f) Submission on Briefs.(1) The court may order a case submitted for decision on the briefs, without oral argument.(2) The court will not ordinarily schedule oral argument in a case in which a party is self-represented but may do so when appropriate.(g) Postconviction Appeals. Postconviction appeals may be submitted and decided on the record on appeal without briefing or oral argument when the appellant is proceeding pro se. Amended effective 10/1/2015; amended effective 8/15/2024.ADVISORY COMMITTEE NOTE
The amendments are stylistic except that subdivision (c) removes the former requirement that an appellant must file a reply brief in order to argue in rebuttal. The amendments in subdivisions (f) and (g) remove redundant language and clarify that postconviction appeals may be decided without briefing or oral argument when the appellant is pro se.