“What is an oral argument in an Indiana appellate court? Are these routine and how do I get one?”
Ciyou & Dixon, P.C. has made oral arguments in the Indiana Court of Appeals. Typically, their experience is they are rarely conducted. When they are ordered to occur, it is generally because an appellant or appellee has filed a motion with the Court of Appeals to do so. And the Court of Appeals is convinced the case presents unique facts or law that they wish to have the counsels’ argue before them.
At an oral argument, the appellant and appellee typically is afforded 20 to 30 minutes to present his or her case by the counsel. Appellate oral arguments are a big deal. Not only must your advocate (attorney) prepare for the factual and legal arguments the case raises, but also the foreseeable permutations of the argument.
For this reason, an appellant or appellee should not make this request as a standard course of action. There should be a sound, if not profound, legal reason for an appellate oral argument. An oral argument is open to the public and simulcast as a public service and archived for future use. If the case is confidential by statute or rule, your attorney must take care to avoid revealing confidential information that may include the name of minors.
Where the Indiana Supreme Court grants transfer, it may, in limited cases, order appellate oral argument at their own discretion. Generally, what this means is the Indiana Supreme Court believes the case is factually complex or of such importance it wants the parties’ counsel to appear before it and present the case and answer questions.
Preparation for such an oral argument is time intensive if done well. As with oral arguments in the Court of Appeals, an appellate oral argument in the Indiana Supreme Court also provides a unique opportunity to develop Indiana law and make a significant chance to present the client’s case in Indiana’s highest court.
Ciyou & Dixon, P.C. appellate attorneys have prepared for and presented oral arguments, civil and criminal, in the Indiana Court of Appeals and Indiana Supreme Court. We believe these are defining moments in law and a client’s case. A no-stone-left-unturned approach is the one we take when these opportunities are presented.
Is this the approach you desire or demand? Perhaps Ciyou & Dixon, P.C.’s appellate attorneys should be your counsel to make your oral argument. We can come into an existing appeal and prepare for and handle oral argument or address this in your appeal if we draft and file one for you. Perhaps this is an approach we execute in your matter.
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