Statistics that the 3rd U.S. Circuit Court of Appeals recently released show that the court heard oral argument during the 12-month period ending Sept. 30, 2010, in only about 14 percent of the cases that have been briefed for decision, while the average number of cases in which oral argument is occurring in all federal appellate courts over that same 12-month period was slightly more than 26 percent. These statistics further reflect a slight downturn during the past four years in the percentage of cases in which the 3rd Circuit is hearing oral argument.
At the 3rd Circuit, it is the judges assigned to decide an appeal on the merits who determine whether an appeal will receive oral argument. By contrast, in the Pennsylvania Superior Court, oral argument is ordinarily available on appeal if either of the opposing parties requests oral argument. As a result, a very high percentage of cases end up being orally argued at the Superior Court.
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