(Total Views: 388)
Posted On: 05/21/2018 2:22:56 PM
Post# of 82686
Oral arguments may not be required per FRAP rules
Again SFORs case is so strong Judges might not require an oral arguments even if requested. If not requested the judges could ask for oral arguments. So a June dismissal overturning decision could still happen
FRAP 34. ORAL ARGUMENT
(a) In General.
(1) Party’s Statement. Any party may file, or a court may require by local rule, a
statement explaining why oral argument should, or need not, be permitted.
(2) Standards. Oral argument must be allowed in every case unless a panel of three judges who have examined the briefs and record unanimously agrees that oral argument is unnecessary for any of the following reasons:
(A) the appeal is frivolous;
(
the dispositive issue or issues have been authoritatively decided ; or
(C) the facts and legal arguments are adequately presented in the briefs and
record, and the decisional process would not be significantly aided by oral
argument.
Again SFORs case is so strong Judges might not require an oral arguments even if requested. If not requested the judges could ask for oral arguments. So a June dismissal overturning decision could still happen
FRAP 34. ORAL ARGUMENT
(a) In General.
(1) Party’s Statement. Any party may file, or a court may require by local rule, a
statement explaining why oral argument should, or need not, be permitted.
(2) Standards. Oral argument must be allowed in every case unless a panel of three judges who have examined the briefs and record unanimously agrees that oral argument is unnecessary for any of the following reasons:
(A) the appeal is frivolous;
(
the dispositive issue or issues have been authoritatively decided ; or (C) the facts and legal arguments are adequately presented in the briefs and
record, and the decisional process would not be significantly aided by oral
argument.
(4)
(0)
