ABA Family Legal Guide

How the Legal System Works

The Civil Trial: Step by Step

Procedures After Trial

What is oral argument?

An appellate court is not required to hear oral argument, but appeal cases are generally scheduled for oral argument. If the case is before an intermediate appellate court, a panel of judges will hear the argument. However, in certain important cases before an intermediate court, the oral argument will be heard en banc, that is, heard by all the judges of the court. Oral arguments before the U.S. Supreme Court and the highest state courts are also en banc.

Prior to oral argument, the judges who will hear the appeal read the briefs and examine the record compiled in the trial court. At oral argument the judges will listen to the arguments of the lawyers for the parties and may question the lawyers about the case and how the law should be applied to the case. Typically each side is allotted a limited period of time in which to present its case orally. However, an appellate court is free to grant more or less time, based on the significance or complexity of the case. After oral argument, each judge votes on whether to uphold or reverse the trial court's judgment, in whole or in part. The court then issues a written opinion explaining its decision. As a general rule, the parties will not know the outcome of the case until the written opinion is released.