SUPREME COURT OF PENNSYLVANIA 
PROTOCOLS FOR ORAL ARGUMENT 

fter  a  case  is  called  by  the  Court  Crier,  counsel  for  the  appellant  should 
approach  the  podium  and  pause  before  speaking.    The  Chief  Justice  will 
then say a few words of introduction, framing the background and issue in 
the  case.    After  the  Chief  Justice  completes  this  introduction,  counsel 
should introduce himself or herself and begin the argument. 

. Guidelines for Oral Argument.  

a. No fixed amount of time is reserved for each argument.  Oral argument is at the 
discretion  of  the  Court  and  proceeds  to  the  extent  necessary  to  answer  any  questions 
the Justices may have on the issue(s).  

. Since the Court does not use a clock or light system, counsel should be alert to 
indications from the Chief Justice that the Court is satisfied that all questions have been 
addressed.  

.  The  Court  does  not  ordinarily  permit  rebuttal.  Counsel  are  advised  not  to 
request  rebuttal.    However,  when  necessary  and  appropriate,  the  Court  may  in  its 
discretion request to hear further from counsel.  

. The Court is familiar with the cases to be heard at oral argument.  Accordingly, 
counsel  should  avoid  a  recitation  of  the  facts  and  procedural  history  and  focus  on  the 
issue(s) to be argued.  

. The Court recognizes that oral argument is only one part of appellate advocacy. 
Counsel for the appellant should be selective in the issues to be argued and may rely on 
their  briefs  for  the  remainder  of  the  issues.    Nothing  is  waived  by  this  process.    The 
appellee’s counsel should generally respond only to the issues argued by the appellant’s 
counsel.  

.  In  cases  involving  multiple  parties  represented  by  separate  counsel,  counsel 

should strive to avoid repetitive presentations.  

.  If  a  party’s  counsel  fails  to  appear  for  argument,  opposing  counsel  may  be 

asked to submit the case on the briefs.  

. Counsel are advised not to use graphs and charts on easels.  Instead, copies of 
such matters should be provided to the Court Crier for distribution to the Court.  Counsel 
must also provide advance copies to opposing counsel.  

2.  Requests  by  Amicus  Curiae.    In  cases  where  amicus  curiae  has  filed  a  brief, 
requests  by  amicus  to  present  oral  argument  shall  be  made  by  application  and  will  be 
granted only in extraordinary circumstances.  

  b

  c

  d

  e

  f

  g

  h

 

  A

  1