Oral argument in appeals is a topic on which Florida’s appellate lawyers and judges often have their own unique views. This article reviews how a party requests oral argument in Florida state court appeals. It then briefly discusses some common considerations in deciding whether to request oral argument.

The mechanics of how to request oral argument in an appeal in Florida state court is fairly straightforward. A party should always check Florida Rule of Appellate Procedure 9.320. Oral argument is not granted as a matter of right. The rule requires a party to request oral argument not later than fifteen days after the last brief in the appeal is due to be served. The rule also requires that a party make the request in a separate document (either a “motion” or a “request” for oral argument). The appellate court can always set oral argument sua sponte even if neither party requests it, although it is rare.

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