By tradition, the Pennsylvania Supreme Court—the oldest appellate court in the United States in continuous operation—does not permit rebuttal oral argument. To my knowledge, Pennsylvania’s highest court’s prohibition on rebuttal oral argument is highly unusual if not unique.

During an appellate oral argument, counsel for the appellant—the party that lost in the court below—proceeds first, followed by counsel for the appellee—the party that won in the court below. Ordinarily, just before the oral argument concludes, counsel for the appellant is permitted to present rebuttal oral argument if he or she reserved a portion of his or her time for rebuttal.

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