Photo: Mnirat/Adobe Stock Which Federal Appeals Courts Grant Oral Argument the Most and Least Often?
Oral argument rates among the circuits may be affected by the types of cases they hear. For example, the D.C. Circuit, with the highest rate, often weighs complex administrative law issues best addressed through oral argument, said appellate attorney Mark Gidley.
May 20, 2024 at 06:19 PM
6 minute read
What You Need to Know
- D.C., Second and Seventh circuits held oral argument in a higher percentage of appeals than other circuits from 2022 to 2023.
- Third, Fourth, Sixth and Eleventh circuits were at the other end of the spectrum.
- Circuit norms, workloads and geographical constraints explain differences among circuits, attorneys say.
When Mark Gidley argued in a major antitrust case before a federal appeals court in 2018, he said the judges challenged him about the broader implications of his position that class certification should've been rejected in a suit accusing a drugmaker of suppressing generic competition.
"It made me really in the moment have to commit to a position that wound up in the opinion. So I think [oral argument] is super valuable," Gidley said.
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