§ Rule 17 Oral arguments

Codes > Montana Code > Title 25 > Chapter 21 > Rule 17

Rule 17. Oral arguments

    (1) Standards. Oral argument will be allowed upon order of the supreme court. All cases not designated for oral argument will be decided on the basis of the briefs and the record on appeal.

    (2) Order regarding argument. The supreme court shall, by order, schedule and specify the date, time, and place for the oral argument.

    (3) Time allowed for argument. The supreme court's order granting oral argument will designate the amount of time each party will be allowed at oral argument.

    (4) Order and content of oral argument. The appellant or applicant is entitled to open and conclude the argument. Closing argument shall be limited to rebuttal of appellee's or respondent's argument.

    (5) Cross and separate appeals. If there is a cross-appeal, rule 12(4) determines which party is the appellant and which is the appellee for purposes of oral argument. If separate appellants support the same argument, care shall be taken to avoid duplication of argument at the hearing.

    (6) Use of physical exhibits. Use of physical exhibits and enlargements during oral argument is distracting to the supreme court and is discouraged. Handouts are permissible provided there are sufficient copies for members of the supreme court and opposing counsel. If opposing counsel objects to the handout, counsel may make an objection on the record at an appropriate time.

    (7) Arguments recorded. Oral arguments are electronically recorded. Absent a recusal, a justice not able to attend oral argument will participate in the supreme court's deliberations after listening to the electronic recording.

    (8) Miscellaneous. The supreme court, sua sponte, or upon motion and good cause shown, may direct that oral argument times be extended or shortened; that the order or designation of parties arguing be modified; or that amicus curiae argue. Normally, any time granted to amicus curiae for oral argument will be subtracted from the time allotted to the party whose argument the amicus supports. Amicus curiae seeking leave to present oral argument must indicate whether such party consents to the motion.