Arizona Civil Rules of Appellate Procedure | Rule 18 Oral Argument

Arizona Rules of Civil Appellate Procedure, Rule 18 Oral Argument

An appeal may be scheduled for oral argument if, on or before the earlier of the ten (10) days after the date the reply brief is due or filed, a party files with the Court of Appeals a separate instrument requesting oral argument. If any party believes that extended oral argument should be permitted, the reasons therefore should be filed as part of the request for oral argument, or in a separate instrument, no later than 10 days after the request for oral argument is filed. The clerk of the appellate court shall notify the parties of the specific time and place at which oral argument will be heard, at least 20 days prior to the date fixed for oral argument. The notice shall inform the parties as to the appellate court’s allocation of time to each side at oral argument. An appeal may be considered and decided without oral argument if the appellate court determines that

(1) the appeal is frivolous;

(2) the dispositive issue or set of issues presented has been recently authoritatively decided; or

(3) 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. When such a determination is made that a case is to be submitted without oral argument, the clerk of the appellate court shall give the parties prompt written notice of such determination, and any party shall have 10 days from the date of such notice from the clerk in which to file a statement setting forth the reasons why, in the opinion of that party, oral argument should be heard.