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How to Argue in Court
B. Don`t argue in a vacuum; be flexible. Comment on your plan while your opponent speaks. Write down the main points you want to add to your argument in light of your opponent`s argument and the judges` comments. If a large exchange between the judges and your opponent gets to the heart of your case, you may want to start with him. To inform the court that you wish to attend the hearing, inform the court in writing or in person when the court sends you the notice with the date of the hearing. If you do NOT inform the court that you want an oral hearing, it will assume that you do not want it and you will lose your chance to have an oral hearing. Remember that the judges know your case and have already read the pleadings, so you don`t have to repeat the facts of the case or repeat parts of the brief. It`s more helpful to point out only what you think is most important in your case, or to ask the judges if they have any questions you could answer. Judges may interrupt you (and the other party) to ask you questions about your case and your powers (published judicial decisions, constitutions, statutes, rules of justice or other judicial authorities) that you have cited or should have cited. Remember to stay calm and respectful even if you are frustrated or interrupted.
Whenever you are asked something, you need to stop what you are saying and respond as directly as possible. If you don`t know the answer, then say it. Also, keep in mind that you cannot present new arguments orally unless you have discussed them in your briefing. Oral proceedings are not always considered an essential element of due process, since the pleadings also give the parties the opportunity to be heard by the court. The question of whether a court allows, requires or guarantees the possibility of an oral hearing is a decision that is generally left to each court to decide within its rules of procedure, with differences from one court to another, even within a single jurisdiction. Some courts may guarantee the right to an oral hearing by requiring the parties to request referral or waiver if they do not wish to do so, while other courts may request an oral hearing without being able to waive it. [3] Courts may also have the discretion to decide a case without oral explanation and to render their judgment entirely on the basis of the arguments set out in the parties` pleadings. [4] « Support your argument so that if it turns out that a judge disagrees with your position on one point, you can say that even if the court does not accept that premise, you should still apply it on a narrower ground. » « Short and powerful. No need for eye-catching theatricality. Tell the court in one sentence what you want and why it should do it. (b) Do not rely on investigating authorities that do not provide control. You can refer to the reasoning of lower courts or courts in other jurisdictions, but don`t expect the judges in your case to come to a specific conclusion just because other courts have done so.
Oral proceedings are not the time to repeat the facts of the case or to repeat parts of the pleadings. The judges know what you said in your brief. The oral hearing is the time to make sure the court understands the key issues in the case by highlighting what you think is most important in your case or asking the judges if they have any questions you could answer. Once all the pleadings have been filed or the deadline for filing them has expired, the court will send you a notice with the date of the oral hearing and will likely ask if you would like to have an oral hearing. Click here to hear oral arguments before the California Supreme Court. (Note that these arguments take place before the California Supreme Court, but they give you a good idea of what to expect from other appellate courts.) « Don`t react to every point of your opponent. Just hit the bigger one or two bigger ones on which his argument is based. Leave the court with the feeling that you want to decide on your side and how they should do it. « 6. Be polite and respectful.
The good relationship with judges is that of respectful equality. Don`t be contemptuous or bellicose. Don`t be anxious or overwhelmed at the same time. In particular, don`t buckle up or admit a point just because a single judge seems dissatisfied with your position. The fact that you plead a case orally does not affect the time it takes you to make your decision. This will not delay your case. If only one party waives the oral hearing (renounces it), the Court of Appeal will hear the oral proceedings with the other party. If everyone drops out of the hearing, the judges will consider your appeal on the basis of the pleadings filed and the minutes.
If you decide to have a hearing and your case is before the Appeal Division of the Supreme Court, you will have up to 10 minutes to present your case (unless the court gives you more or less time). .