Louisiana Briefing and Oral Argument — Frequently Asked Questions (FAQs) is a resource for attorneys, law students, and legal professionals in Louisiana who are preparing for a court hearing, or who are already in court. The FAQs provide answers to commonly asked questions related to the briefing and oral argument process in Louisiana courts. The FAQs include information on: • The process of preparing for briefing and oral argument, including filing deadlines, filing documents, and researching relevant law • The rules and regulations for briefing and oral argument in Louisiana courts • Tips for effective oral argument • Guidelines for proper courtroom etiquette • Advice on how to respond to questions and objections from the court • Protocol for filing documents following the oral argument • Resources for further information on Louisiana briefing and oral argument. The FAQs also provide links to related resources, such as the Louisiana Supreme Court's Rules for Appellate Practice, and the Louisiana Bar Association's Rules of Professional Conduct.
Louisiana Briefing and Oral Argument - Frequently Asked Questions
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Prior to the argument each side has submitted a legal brief?a written legal argument outlining each party's points of law. The Justices have read these briefs prior to argument and are thoroughly familiar with the case, its facts, and the legal positions that each party is advocating.
The biggest difference between oral argument and brief writing will be the spontaneity that is required of you when answering questions.
A few important points to keep in mind while you prepare for and present effective appellate oral argument. Know your audience. Familiarize yourself with the panel hearing the appeal.Know your forum.Know your weaknesses.Answer the question.Hit the high points without sacrificing pace.
Deciding Whether to Make an Oral Argument In some cases oral argument can be helpful, but it is less important in the court's decision than the briefs or the record on appeal. An appellant or respondent can choose to make an oral argument or choose to waive (give up) oral argument.
Oral argument is an opportunity for attorneys to emphasize certain legal points and for the appellate court to ask questions about the case to help clarify the parties' arguments. Oral argument is not an opportunity to raise new facts or new legal arguments.
There is no question that the brief is by far the most important part of your appeal, but oral argument should not be discounted. One writer has suggested that an oral argument is like sales; it is a chance to close a deal with a buyer?the Court.
Who has the burden during the appeal? What right/privilege has been infringed? Where does this right or privilege come from, and how has it been infringed? What is the prejudice or lack of prejudice?
How to prepare for oral argument Review all the information in the appeal.Do not plan too much to say.Focus your argument on legal issues.Make an outline.Check the laws that you referenced in your brief.Notify the court and other parties if you find new laws.Do not focus on visuals.Practice your argument.