Florida Appellate Rule 9.320
RULE 9.320. ORAL ARGUMENT
(a) Requests. Oral argument may be permitted in any
proceeding. A request for oral argument must be in a separate
document served by a party:
(1) in appeals, not later than 15 days after the last brief
is due to be served;
(2) in proceedings commenced by the filing of a
petition, not later than 15 days after the reply is due to be served;
(3) in proceedings governed by rule 9.146, in
accordance with rule 9.146(g)(5); and
(4) in proceedings governed by rule 9.120, not later
than the date the party’s brief on jurisdiction is due to be served.
(b) Duration. Unless otherwise ordered by the court, each
side will be allowed 20 minutes for oral argument.
(c) Motion. On its own motion or that of a party, the court
may require, limit, expand, or dispense with oral argument.
(d) Requests to the Supreme Court of Florida. A request
for oral argument to the supreme court must include a brief
statement regarding why oral argument would enhance the
supreme court’s consideration of the issues to be raised. A party
may file a response to the request within 5 days of the filing of the
request. No reply will be permitted.
(e) Use of Communication Technology.
(1) Definition. As used in this subdivision, the term
“communication technology” has the same meaning provided in
Florida Rule of General Practice and Judicial Administration
2.530(a).
(2) Request to Participate by Communication Technology.
A request may be made by a party for 1 or more of the parties to
participate in oral argument through the use of communication
technology. Such request must be included in the request for oral
argument under subdivision (a). The request must state the reason
for requesting participation by communication technology.
(3) Court Order. The court, in the exercise of its
discretion, may grant or deny the request of a party under
subdivision (e)(2) or may, on its own motion, order participation in
oral argument through the use of communication technology.
(4) Public Availability. If communication technology is
used for participation in an oral argument, the proceeding must be
recorded and made publicly available through a live broadcast and
by posting the recording to the court’s website as soon as
practicable after the proceeding.
(5) Technological Malfunction. If a technological
malfunction occurs during an oral argument for which
communication technology is used, the court may recess the
proceeding to address the malfunction, expand the time for oral
argument, reschedule oral argument, or dispense with oral
argument.
Committee Notes
1977 Amendment. This rule replaces former rule 3.10. As
under the former rules, there is no right to oral argument. It is
contemplated that oral argument will be granted only if the court
believes its consideration of the issues raised will be enhanced. The
time ordinarily allowable to each party has been reduced from 30
minutes to 20 minutes to conform with the prevailing practice in
the courts. If oral argument is permitted, the order of the court will
state the time and place.
(a) Requests. Oral argument may be permitted in any
proceeding. A request for oral argument must be in a separate
document served by a party:
(1) in appeals, not later than 15 days after the last brief
is due to be served;
(2) in proceedings commenced by the filing of a
petition, not later than 15 days after the reply is due to be served;
(3) in proceedings governed by rule 9.146, in
accordance with rule 9.146(g)(5); and
(4) in proceedings governed by rule 9.120, not later
than the date the party’s brief on jurisdiction is due to be served.
(b) Duration. Unless otherwise ordered by the court, each
side will be allowed 20 minutes for oral argument.
(c) Motion. On its own motion or that of a party, the court
may require, limit, expand, or dispense with oral argument.
(d) Requests to the Supreme Court of Florida. A request
for oral argument to the supreme court must include a brief
statement regarding why oral argument would enhance the
supreme court’s consideration of the issues to be raised. A party
may file a response to the request within 5 days of the filing of the
request. No reply will be permitted.
(e) Use of Communication Technology.
(1) Definition. As used in this subdivision, the term
“communication technology” has the same meaning provided in
Florida Rule of General Practice and Judicial Administration
2.530(a).
(2) Request to Participate by Communication Technology.
A request may be made by a party for 1 or more of the parties to
participate in oral argument through the use of communication
technology. Such request must be included in the request for oral
argument under subdivision (a). The request must state the reason
for requesting participation by communication technology.
(3) Court Order. The court, in the exercise of its
discretion, may grant or deny the request of a party under
subdivision (e)(2) or may, on its own motion, order participation in
oral argument through the use of communication technology.
(4) Public Availability. If communication technology is
used for participation in an oral argument, the proceeding must be
recorded and made publicly available through a live broadcast and
by posting the recording to the court’s website as soon as
practicable after the proceeding.
(5) Technological Malfunction. If a technological
malfunction occurs during an oral argument for which
communication technology is used, the court may recess the
proceeding to address the malfunction, expand the time for oral
argument, reschedule oral argument, or dispense with oral
argument.
Committee Notes
1977 Amendment. This rule replaces former rule 3.10. As
under the former rules, there is no right to oral argument. It is
contemplated that oral argument will be granted only if the court
believes its consideration of the issues raised will be enhanced. The
time ordinarily allowable to each party has been reduced from 30
minutes to 20 minutes to conform with the prevailing practice in
the courts. If oral argument is permitted, the order of the court will
state the time and place.