The companion editorial on this page reflects on a Third Circuit initiative to make oral argument meaningful. In the District of New Jersey and in many New Jersey trial courts, oral argument for substantive motions remains elusive and in many cases a mystery.

We don't know exactly how or why it broke down—and it certainly has been exacerbated by judge shortages and the pandemic—but oral argument, once the heart of any serious litigation, is slowly fading away into oblivion.

Return dates, in many cases, mean nothing for motions to dismiss and summary judgment. There is little or no transparency as to why. We are left to guess that a judge is too busy, that the issue is too complicated for a quick resolution, or that perhaps if we put it off long enough it will settle. Only chambers knows for sure.