Second Phase of Oral Argument Opt-In and Scheduling Process Begins April 1, 2025
The second phase in the process begins on April 1, 2025. For cases in which the answering brief is filed on or after April 1, 2025, parties seeking oral argument must file an oral argument appearance request within 14 days of the date the answering brief is filed that indicates how the party would prefer to appear. (This excludes expedited juvenile and land use cases.) Joint requests are encouraged, but individual requests are permitted. Oral argument typically will be scheduled for in-person, remote, or hybrid to accommodate the parties' expressed preferences, although the court retains the discretion to set arguments in a different format to meet the needs of the court. The key provisions are ORAP 6.05(4)(b), (5) and (6).
The process for expedited cases will be similar, although requests for argument will be due earlier to account for the expedited nature of the cases. The key provisions governing oral argument in expedited cases are ORAP 6.05(4)(c) and (d), in addition to ORAP 6.05(5) and (6).
The court recognizes that the change in practice effective April 1, 2025, is a significant one and plans to be liberal with reminders and accommodating any bumps in the road that practitioners may experience as the court transitions to the new process. The court will evaluate and, if needed, recalibrate the process during the 2026 ORAP cycle.
As of January 2, 2025, the Court of Appeals is adopting new temporary rules that will govern the process of (1) requesting oral argument; and (2) scheduling oral argument, which will include hybrid argument where the parties express differing preferences as to the form of argument. The temporary rules will also continue to provide for oral argument for self-represented litigants. The temporary rules replace ORAP 6.05 and provide for a phased-in change in how litigants may request oral argument, and in how the court will schedule oral argument.As an initial step in the phase-in process, in cases scheduled for submission after January 2, 2025, the parties will receive an opt-in form that permits the parties to specify whether the party prefers to appear remotely or to appear in person. Joint requests are encouraged, although individual requests are permitted. To appear at argument, a party must submit an oral argument appearance request, either individually or jointly. Oral argument, in general, will be scheduled around the parties' expressed preferences. Typically, in-person argument will be scheduled if all parties request in-person argument; remote argument will be scheduled if all parties request remote argument; hybrid argument will be scheduled if one party requests in-person argument and another party requests remote argument.
For more information, please call the Appellate Court Records Section at 503-986-5555.