After reviewing the briefs, the Court determines whether the case will be heard by the full Court or a three-justice panel. If requested by a party, the Court grants oral argument, although it may direct that a case will be considered on the briefs without oral argument.
Cases assigned to a three-justice panel generally involve fewer issues and/or issues in which the applicable law is settled. The decision of a three-justice panel must be unanimous and a short written decision is issued in each case, usually within 48 hours of argument. Oral argument in these cases is limited to five minutes per side. Parties may appear in person or by video conference. A party planning to appear by video must notify the Court no later than three business days before the scheduled argument date.
Oral argument in cases heard by the full Court is generally for thirty minutes, fifteen minutes per side. These cases are decided after oral argument by written opinion.
Audio recordings of recent oral arguments are available below: