If a case is not designated for oral argument but counsel desires oral argument, counsel may — within 30 days of the date of the clerk’s notice — petition the Court to allow oral argument. This petition must contain specific reasons why oral argument is desired.
75.3. Oral Argument
Unless extended in a special case, the total maximum time for oral argument is 20 minutes per side. Counsel for the appellant or petitioner is entitled to open and conclude the argument. Counsel should not read at length from the briefs, records, or authorities. Counsel may orally correct a brief, but multiple additional citations should not be given orally; instead, these citations should be filed in writing with the clerk.
Notes and Comments
Comment to 1997 change: This is former Rule 220. The rule is amended without substantive change.
77.1. Generally
In each case that is argued or submitted without argument to the Court of Criminal Appeals, the Court will hand down a written opinion setting forth the reasons for its decision and any germane precedent. Any judge may file an opinion dissenting from or concurring in the Court’s judgment.
77.2. Signing; Publication
A majority of the judges will determine whether an opinion will be signed by a judge or issued per curiam, and whether the opinion (or a portion of the opinion) will be published.
77.3. Unpublished Opinions
Unpublished opinions have no precedential value and must not be cited as authority by counsel or by a court.
77.4. Copies
On the date when an opinion is handed down or an order rendered, the clerk of the Court of Criminal Appeals must mail copies of the opinion or order to:
(a) the parties;
(b) the State Prosecuting Attorney;
(c) the trial court clerk; and
(d) if the case is of discretionary review, the court of appeals clerk.
Notes and Comments
Comment to 1997 change: This is former Rule 223. The rule is amended without substantive change.