Step 5: What to do the day of your oral argument

Get to the court at least 30 minutes before your oral argument is scheduled to start. Make sure you go to the correct location sent to you by the court.

Check the electronic devices policy on your Court of Appeal’s website ahead of time to see if there are any special instructions. Some courts provide a list of approved electronic devices with the notice about your oral argument date. You can typically bring a laptop or tablet into the court. If you have questions about what electronic devices are allowed, contact your Court of Appeal.

Once inside the courtroom, check in with the clerk. They may ask you to fill out a short form with basic information about your case.

The Court of Appeal may be hearing another case while you wait. Sit quietly and remain patient.

The appellant and respondent should walk to the front of the courtroom and sit at the counsel table facing the justices.

• If you are the appellant, sit on the left.
• If you are the respondent, sit on the right.
• If you have a lawyer, they must sit at the table and present the oral argument. You can attend, but you are not required to if you have legal representation. You will not be allowed to address the court directly if your attorney is presenting on your behalf.

When the presiding justice asks if your case is ready for argument, confirm that you are ready to proceed as the appellant or respondent. The appellant speaks first.

When it’s your turn, walk to the podium. Bring your outline of key points with you. If your case involves a statute or contract, have a copy of it ready at the podium.

Try not to bring too much paperwork to the podium. In a short time, too many papers can get in the way more than help.

If you want to use electronic notes or supporting documents, you are allowed to bring a laptop or tablet to the courtroom and podium.

Start by stating your name. You may use the customary phrase, “May it please the court, I am . . .” Regardless of how you start, be sure to introduce yourself.

If you do not have a lawyer, let the justices know that you are self-represented. While the court cannot give you special treatment, it’s helpful for the justices to know.

Speak for the exact amount of time given to you by the court. Remember that the justices may interrupt you with questions during your time. If you don't have enough time to say all that you planned to, you'll need to cut some of your argument out. It's helpful if you plan ahead which parts of your argument you can cut out if you run out of time.

Talk slowly and clearly. Do not interrupt the justices when they ask questions.

If a justice asks you a question, stop your current point and answer as directly as possible. Don't say "I'll get to that" or "I'll answer your question in one of my next points." If you need to skip ahead in your argument to answer a question, do that. Their questions often relate to the key points of your case, so this is an opportunity to clarify important issues.

If you don’t know the answer to a question, it’s important to be truthful. Do not misrepresent facts or the law, and don’t make up answers.

If you are the appellant, you can divide your time, spending part at the beginning and saving some for after the respondent’s argument. If you would like to save some time to speak again after the respondent, after you introduce yourself, let the panel of justices know how many minutes of time you would like to “reserve.” If you are the respondent, you cannot split your time.

At any point, you can look back at your outline to ensure you cover all your important points.

The presiding justice will announce when your time is up. When this happens, immediately stop your argument and return to your seat at the counsel table.