CHAPTER 5-4
ARGUMENTS

5-4-1 Oral Argument.

Oral argument shall be allowed in all cases unless the Court, after examination of the briefs and record, shall be unanimously of the opinion that oral argument is not needed. In such cases the Court shall notify the parties of its intention to proceed without oral argument, and shall provide any party with an opportunity to file a statement setting forth the reasons why, in his opinion, oral argument should be heard. Oral argument will be allowed upon request unless the Court unanimously determines:

(A)    the appeal is frivolous; or

(B)    the set of issues has been recently 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.

5-4-2 Notice of Argument.

The clerk shall advise all parties whether oral argument is to be heard, and if so, of the time and place, and the time to be allowed each side.

5-4-3 Order and Content of Argument.

The appellant is entitled to open and conclude the argument. The opening argument shall include a fair statement of the case. Counsel will not be permitted to read at length from briefs, records or authorities.

5-4-4 Non-appearance of Parties.

If the appellee fails to appear to present argument, the Court will hear argument on behalf of the appellant, if present. If the appellant fails to appear, the Court may hear argument on behalf of the appellee, if his Counsel is present. If neither party appears, the case will be decided on the briefs unless the Court shall otherwise order.