Rule 34: Oral Argument
(a) In General. The U.S. Court of Appeals for Veterans Claims is a Court of national jurisdiction. Generally, oral argument will be held in Washington, D.C. However, the Court may hold oral argument anywhere in the United States. Oral argument will be allowed only when ordered by the Court and will be held where and when the Court orders.
(b) Motion for Oral Argument.
(1) Time for Motion. Parties seeking oral argument on the underlying merits of an appeal must file a motion no later than 14 days after the reply brief is due or filed. Parties seeking oral argument related to a petition for extraordinary relief must file a motion no later than 7 days after the respondent(s) files an answer to the petition. Parties seeking oral argument related to all other matters may file a motion concurrently with the filing that raises the issue warranting oral argument, but no later than 14 days after the last responsive pleading for that action is due or filed. If no responsive pleading is contemplated, then the motion for oral argument must be filed no later than 14 days after the filing that raises the issue warranting oral argument.
(2) Content of Motion. A motion for oral argument shall specify why such argument will aid the Court. A motion for oral argument may not be included in any brief, but may be combined with a motion filed pursuant to Rule 27.1 (Motion for Initial Review by Panel). Oral argument normally is not granted on nondispositive matters or matters being decided by a single Judge.
(c) Participation by Amicus Curiae in Oral Argument. An amicus curiae will be permitted to participate in oral argument only at the invitation of the Court.
(d) Notice of Argument; Postponement; Additional Time. The Clerk shall advise all parties and issue a public order as to when and where oral argument is to be heard and the time to be allowed each party. A request for postponement of the argument or for the allowance of additional time shall be made by motion filed reasonably in advance of the date fixed for argument and shall contain a showing of good cause.
(e) Order and Content of Argument. The appellant will generally open and conclude the argument. In argument on motions, the movant generally will open and conclude the argument.
(f) Nonappearance of Parties. If any party fails to appear to present argument, the Court may hear argument by any other party who is present.
(g) Physical Exhibits. A party who wishes to use physical exhibits other than documents shall arrange with the Clerk to have them placed in the courtroom on the date of the argument before the Court convenes. After the argument, the party shall remove the exhibits unless the Court otherwise directs. If the exhibits are not reclaimed within a reasonable time after notice is given by the Clerk, they will be disposed of by the Clerk.
