Va. R. Sup. Ct. 5A:28

As amended through April 19, 2024
Rule 5A:28 - Oral Argument
(a)Notice. - Whenever appeal lies as a matter of right or a discretionary appeal has been granted, oral argument will be permitted except in those cases disposed of pursuant to Rule 5A:27. The Clerk of this Court, except in extraordinary circumstances, must give at least 15 days' notice to counsel of the date, approximate time, and location for oral argument.
(b)Length. - Except as otherwise directed by this Court, argument for a party may not exceed 15 minutes in length. Such time may be apportioned among counsel for the same side at their discretion. If a guardian ad litem joins with either appellant or appellee, the guardian ad litem will share the time for oral argument with the party. If a guardian ad litem requests additional time to argue, the guardian ad litem must state that application in its brief, subject to approval of this Court.
(c)Appearance Pro Hac Vice. - Any lawyer not licensed in Virginia who seeks to appear pro hac vice to present oral argument to this Court must comply with the requirements of Rule 1A:4.
(d)Amicus Curiae. - No oral argument is permitted by amicus curiae except by leave of this Court. Leave may be granted upon the joint written request of amicus curiae and the party whose position amicus curiae supports. The request must specify the amount of its allotted time the supported party is willing to yield to amicus curiae.
(e)Waiver. - During oral argument, it is not necessary for any party to expressly reserve any argument made on brief, and the failure to raise any such argument does not constitute a waiver. Any party may, without waiving the arguments made on brief, waive oral argument. See Rules 5A:20(h) and 5A:21(h).

Va. Sup. Ct. 5A:28

Amended by Order dated June 25, 2004, effective 9/1/2004; amended by order dated December 20, 2006, effective 2/1/2007; amended by order dated April 30, 2010, effective 7/1/2010; amended by order dated September 3, 2020, effective 9/3/2020; amended by order dated November 23, 2020, effective 3/1/2021; amended by order dated April 1, 2021, effective 6/1/2021; amended by order dated November 1, 2021, effective 1/1/2022.