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ARTICLE · 05 JULY 1999

Preparing And Delivering Oral Argument

Mayer Brown
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Preparing And Delivering Oral Argument

I. PURPOSES OF ORAL ARGUMENT.

 To represent your client properly, you must understand the goals of oral argument from both sides of the bench. You can then tailor your arguments to meet these goals.

A. Judges' purposes

. Judges use oral argument to:

1. Clarify issues.

Judges rely on oral argument to help them pin down the issues they must decide, and to resolve any ancillary questions such as jurisdiction, standing, mootness, etc., that may not have been the subject of briefing but that could arise in resolving the appeal.

2. Clarify factual and legal points.

Judges may ask you to substantiate factual claims by reference to the record or to explain confusing holdings and party positions below.

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