(1) This rule applies to proceedings in the Court of Appeals and governs the process of requesting oral argument and expressing a preference for the format (in- person, by remote means, or hybrid, as described in ORAP 6.30).
(2) Any party who intends to appear at oral argument must file an Oral Argument Appearance Request in accordance with this rule. An Oral Argument Appearance Request may be filed jointly by all parties, or individually, in one of the forms described in subsection (3) of this rule.
(3) Forms
(a) Joint Request. The parties on appeal are encouraged to file a joint Oral Argument Appearance Request that addresses the requests and format preferences for all parties. A joint request for oral argument shall contain the following information:
(i) The name of each attorney or self-represented party who will argue the case.
(ii) With respect to each party that intends to appear, whether the party prefers to appear in person or appear remotely.
(b) Individual Requests. Although joint requests are preferred, any party may file an individual Oral Argument Appearance Request that either requests oral argument on behalf of the party or states an appearance preference if the party does not request oral argument but intends to appear if another party requests oral argument. An individual request of either type shall contain the following information:
(i) The name of the attorney or self-represented party who will argue the case for the party filing the Oral Argument Appearance Request.
(ii) Whether the party prefers to appear in person or appear remotely.
(4) Timelines for submitting an Oral Argument Appearance Request
(a) The timelines and procedures described in this section are effective on the following dates.
(i) The timelines and procedures described in subsection (b) apply to all matters in which an answering brief is filed on or after April 1, 2025.
(ii) The timelines and procedures described in subsection (c) apply to all matters in which an opening brief is filed on or after April 1, 2025.
(iii) The timelines and procedures described in subsection (d) apply to all matters in which a petition for judicial review is filed on or after April 1, 2025.
(iv) For all other matters, the timelines and procedures are described in Section 7 of this rule, which sets forth the process for phasing in the change in procedure.
(b) With the exception of land use cases subject to ORAP 4.60 through 4.74, and juvenile dependency, termination of parental rights, and adoption cases subject to ORAP 10.15, which are governed by separate procedures in paragraphs (c) and (d) of this subsection, an Oral Argument Appearance Request shall be filed no later than 14 days after the filing of the answering brief or notification of waiver of appearance by the last respondent, whichever is later. If more than one answering brief is filed, the 14-day period runs from the date on which the last answering brief is filed.
(c) Juvenile and adoption cases subject to ORAP 10.15.
(i) An individual Oral Argument Appearance Request by an appellant must be filed at the time that the appellant files the opening brief.
(ii) An individual Oral Argument Appearance Request by a respondent must be filed at the time the respondent files the answering brief.
(iii) A joint Oral Argument Appearance Request must be filed within 3 days of the filing of the answering brief.
(iv) If an appellant on appeal has requested oral argument, and no respondent requests oral argument, the appellant on appeal may waive oral argument by notifying the court that the appellant waives oral argument within 3 days of the filing of the answering brief.
(d) Land use cases subject to ORAP 4.60 through ORAP 4.74.
(i) An Oral Argument Appearance Request, whether joint or individual, must be filed within 7 days of the filing of the petition for judicial review.
(ii) If one party has requested oral argument, and no other party requests oral argument, the party that requested oral argument may waive oral argument by notifying the court within 3 days of the filing of the answering brief.
(5) Submission will occur as follows:
(a) If no party files a timely request for oral argument, the case shall be submitted on the briefs. The court will notify the parties when the case is submitted for decision.
(b) If all parties that have requested oral argument subsequently notify the court that they waive oral argument, the case shall be submitted on the briefs.
(c) Notwithstanding paragraphs (a) and (b) of this subsection, if the court determines that oral argument will aid the court’s decision-making process, the court may order that the case be set for oral argument.
(d) If a timely request for oral argument is made, then the case will be set for oral argument in due course and the Administrator will send the parties notice of the date and time that argument has been scheduled. The case will be submitted to the court upon completion of oral argument.
(e) Subject to paragraph (5)(c) of this rule, when a respondent submits an answering brief confessing error as to all assignments of error and not objecting to the relief sought in the opening brief, the respondent shall so inform the court by letter when the brief is filed or at any time thereafter. On receipt of respondent’s notice that a brief confesses error, the case will be submitted without oral argument. The appellant may by letter bring to the court’s attention that a respondent’s brief appears to confess error. If the court concurs, the case will be submitted without oral argument.
(6) Argument Format
(a) Under ORAP 6.30, the court holds oral argument in three formats: (i) in person, where all litigants appear in person; (ii) by remote means, where all litigants appear remotely; and (iii) hybrid, in which at least one litigant appears remotely, and at least one litigant appears in person.1
(b) Except as provided below, in setting oral arguments, the court in general will schedule oral argument and submission in a manner that accounts for the preferences expressed by the litigants in their Oral Argument Appearance Requests as follows:
(i) If all parties express a preference for argument by remote means, the argument will be held by remote means;
(ii) if all parties express a preference for in-person oral argument, the argument will be held in-person;
(iii) if the parties differ in their preferences, the argument will be held in a hybrid format.
(iv) In the event that some, but not all, parties express a preference for the format of argument, the court in general will set argument in accordance with the preferences expressed and the court’s needs.
(c) In all cases involving a self-represented party who is in custody, oral argument will be held by remote means.
(d) If the court orders oral argument in a case in which no party has requested oral argument, oral argument ordinarily will be held by remote means.
(e) In any case, and notwithstanding the preferences expressed by the parties, the court may determine that, under the circumstances, the needs of the court will be best served by a particular format of argument and may direct that argument will occur in that format.
(f) Where, in the court’s judgment, inclement weather or other conditions make in-person argument difficult or unsafe, the court will, when possible, hold all scheduled arguments by remote means rather than postponing arguments.
(g) Except for emergency motions, the court will not entertain motions regarding the format of oral argument.
(7) Phase-in Process
For the purposes of phasing in the processes for requesting oral argument described in this rule, the following process governs those matters described in Section 4(a)(iv). In those matters, the court will schedule a submission date for the case and will send the parties notice of the date. The notice will include a form “Response to Notice of Submission” requesting the information described in section (3) of this rule. Within 14 days of receiving the notice, any party requesting oral argument, or who has a preference as to argument format, must complete, file, and serve on every party to the appeal the form “Response to Notice of Submission.” Joint responses are encouraged. Submission will occur in the manner described in sections (5) and (6) of this rule.
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1 In any of the formats, one or more judges may participate through remote means. Generally, at least two judges will participate in person for hybrid and in-person arguments.
