Rule 17.03. Waiver of Oral Argument.

(A) General

Any party may waive oral argument and submit the case to the Supreme Court on the briefs. A waiver of oral argument shall be in writing. It shall be filed at least seven days before the date scheduled for the oral argument; however, if a party files a waiver on the seventh day before oral argument, any other party shall have until the day before oral argument to file a waiver.

(B) Failure to file merit brief

Any party who fails to file a merit brief pursuant to Section 16 shall be deemed to have waived oral argument.

(C) Parties not waiving oral argument

Oral argument shall be heard from party or parties who have not waived oral argument.

(D) Failure to appear

If an appellant neither waives oral argument pursuant to this rule nor appears at the argument, the Supreme Court may dismiss the case for lack of prosecution.

Effective: June 1, 1994

Amended: April 1, 1996; April 1, 2000; February 1, 2001; April 1, 2002; July 1, 2004; January 1, 2008; January 1, 2010; January 1, 2013; April 1, 2025


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