§ CR 76.16 Oral arguments

Codes > Kentucky Rules of Civil Procedure > IX Appeals > CR 76 > CR 76.16

CR 76.16 Oral arguments

    (1) Oral arguments on the merits will be heard in all cases appealed from the circuit court unless the appellate court directs otherwise on its own motion or on motion of one or more of the parties to the appeal. CR 76.12(4) provides for the parties to include in their brief statements concerning the need for oral argument in the appeal. In any case where the court orders on its own motion that oral argument shall be dispensed with, any party shall have ten (10) days from the date of the order in which to object and ask for reconsideration. No opinion shall be rendered until the time has expired for making such objection and motion for reconsideration, or if such objection and motion is made, until it can be decided.

    (2) In an oral argument the party upon whom the burden rests shall have the right to open and close. Unless otherwise directed each side will be allowed 15 minutes. Visual aids based on the record may be used at oral argument with leave of the court.

    (3) Counsel representing an amicus curiae shall not participate in the oral argument without specific permission by the appellate court granted on motion.

    (4) A person who is not an attorney at law will be permitted to make an oral argument only with special leave of the court.

    (5)(a) In death penalty cases in which the appellant has been granted permission to file a brief exceeding fifty (50) pages, appellant shall file and serve upon appellee not later than fourteen (14) days before oral argument a notice of issues that appellant intends to argue orally, with specific reference to the argument number and page numbers of each issue in appellant's brief. If appellant fails to do so, without good cause, appellant's oral argument shall be limited to answering questions from the Court.

    In death penalty cases, appellant shall file any motion for leave to cite supplemental authority for oral argument not later than fourteen (14) days before oral argument, unless good cause is shown for a later filing. In death penalty cases, appellee shall file any motion for leave to cite supplemental authority for oral argument not later than ten (10) days before oral argument or ten (10) days after service of appellant's designation of issues for oral argument, whichever is earlier, unless good cause is shown for a later filing.

    (b) In all cases before the Supreme Court to which paragraph (5)(a) of this Rule does not apply, appellant or cross-appellant shall file and serve upon each appellee or cross-appellee not later than ten (10) days before oral argument a notice of issues in the order to be argued that the appellant or cross-appellant intends to argue orally, with specific reference to the argument number and page numbers of each issue in the appellant's or cross-appellant's brief. If the appellant or cross-appellant fails to do so, without good cause, the appellant's oral argument or the portion of the cross-appellant's oral argument devoted to issues raised in the crossappeal shall be limited to answering questions from the court.