United States:
Practice Pointer: Why Are Some Federal Circuit Cases Decided Without Oral Argument?
05 April 2018
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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On average, each panel of the Federal Circuit decides
approximately one case per day solely on the briefs. Cases can be
designated for no oral argument if: an appeal is frivolous, the
issue or set of issues has been authoritatively decided, or the
facts and legal arguments are presented in the briefs and would not
significantly be aided by oral argument. If one member of the panel
requests it, oral argument will be held.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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