Prior to 2022, all cases were automatically set for oral argument. Based on the local rules change in 2022, parties are now required to request oral argument prior to the close of briefing. See Loc.R. 21. In conjunction with this rule change, the Court has modified the notices being used to notify parties and attorneys of the date in which a case will be submitted to the Court for decision, whether on the briefs or oral argument.
Due to the timing of when notices go out to the parties and attorneys, the Court will not always know whether oral argument has been requested. Therefore, the Court is moving to the use of a generic notice of submission. Most notices will now provide the date on which the case will be submitted to the merits panel for decision. If one of the parties requests oral argument in compliance with Loc.R. 21, the date in the notice will be the date of oral argument. If no party requests oral argument, then the date in the notice is the date the case will be submitted to the merits panel on briefs. The Court needed to make this change because, at times, the time for requesting oral argument has not passed when the notice goes out.
Parties will still receive a notice of submission on briefs if the case is required to be submitted on briefs by rule (i.e. when a pro se appellant is incarcerated).
In addition to the notice, parties/attorneys will continue to receive a reminder closer to the date of submission. That reminder will specify whether the case is set for argument or submission on briefs. If you have questions about the notice or reminder that is received in a case, please feel free to reach out to the Court at 513-946-3500.
