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TIPS
FOR OUT-OF-STATE ATTORNEYS ARGUING
BEFORE THE MICHIGAN COURT OF APPEALS (and inexperienced attorneys) These tips were written before the
pandemic Adjust for teleconferencing appropriately
(and wear trousers) |
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TIMING & SCHEDULING OF ORAL ARGUMENT ► Oral
argument is generally held in one of three cities: ► Oral
argument is generally conducted on Tuesday, Wednesday, and Thursday of the
first two weeks of each month. ► Multiple
cases are set for the same time, so you may have to wait for your argument to
begin. Cases may be re-arranged on the
date of argument, with some cases waiving oral argument, so you should not
plan to arrive late. ► The
court starts promptly at the time designated in your oral argument notice. ► The
panel of three judges is assigned randomly from among the 28 judges across
the state. Just because you are
arguing a case in one city does not mean the judges all come from that
city. ► The
court also uses retired judges. The
former practice of using trial judges is not currently employed. ► The
unofficial name of the oral argument session is the “case call” (example:
“the March case call in ► The
names of the assigned judges are included in the oral argument notice. The court’s website has brief biographical
data about each. The designation
“P.J.” after a judge’s name means the judge will be the presiding judge for
that panel, and will sit in the center.
This designation is not reserved for senior judges, but is rotated
among all judges (although for a single panel, the designation stays with the
same judge for the entire month). The
designation “C.J.” means the judge is the Chief Judge for the Court of
Appeals. Only one person on the entire
court holds that title. ► If
a judge is disqualified from a case, a substitute judge will be assigned for
that case only; the case will generally be heard first or last that day. |
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CONDUCTING ORAL ARGUMENT |
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► Counsel
table is for attorneys only, not clients.
The tables are marked “appellant” and “appellee.” ► Attorneys
address the court from a lectern. The attached
microphone amplifies the voice, and is tied in to a recording system. Oral argument is recorded for the benefit
of the judges. The court does not make
copies of oral argument tapes, but upon motion an attorney can receive
permission to listen to the tape at a court facility, and can bring a court
reporter if transcription is desired. ► Most
attorneys begin oral argument with “May it please the court, my name is ____
and I represent ____.” If the court
seems distracted, it is appropriate to add ”would the court like me to
begin?” ► It
is customary for the appellant to indicate how much time he or she wishes to
reserve for rebuttal. ► The
timekeeping system is rather loose – no official clocks, lights or buzzers. ► The
panels of judges all have their own personalities; some adhere to time
limits, some are more generous with time. ► The
Court of Appeals judges should be referred to as “judges,” not
“justices.” In ► The
judges have name plates in front of them.
The center judge is always the presiding judge. ► The court does not like to rely on
unpublished opinions of the Court of Appeals.
They should be used sparingly. !! More Info
!! ► When arguing a case to the
Michigan Court of Appeals, we use the following examples of shorthand
citations: People versus . . . (for all
criminal cases) 123 100 M.C.L.
750.520 (for statutory citations; the old set of Michigan Statutes Annotated
– “M.S.A.” – which used a different numbering system, is obsolete; some
attorneys still refer to “M.C.L.A.” for the West version of the statutes, but
the Court drops the “A” and refers only to Legislature’s official
compilation, “M.C.L.”) Note that ► If
you refer to a case cited in your brief, it is adequate to mention the short
name of the case and say that it’s cited in the brief. If you spring a new case on the court, it
is appropriate to let the court know it’s not in the brief, and provide the
citation slowly so the judges can write it down. ► If
you plan to hand something to the judges, bring copies for all three judges,
plus copies for opposing counsel. Ask
permission to provide copies to the panel, but do not ask for permission to
approach the bench. The court prefers
that you hand any materials to the court officer, who will then hand them to
the judges. ► If
you have demonstrative evidence or posters you want to display to the court,
you should contact the clerk’s office in advance. The court officers often prevent such
displays unless prior permission has been granted. ► At
the end of oral argument on each case, the presiding judge will thank the
attorneys and indicate that “the case is submitted.” |
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DECISIONS/OPINIONS ► The
court does not issue decisions from the bench. Written opinions are mailed to each attorney
of record by the clerk. Opinions
generally take between two weeks and six months to be issued, depending on
the type of case and the court’s workload.
► Among
the panel, the judges assign opinion-writing responsibilities in advance of
oral argument. This is not disclosed
to the public. Often the judge with
the most questions at oral argument is the judge assigned to write the
opinion. |
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OTHER HELPFUL INFORMATION ► The Michigan Court of Appeals website has addresses, maps,
judges’ bios, lists of cases scheduled for each “case call session,” court
rules, and other important information.
Link to Court of
Appeals website |
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JAMES N. McNALLY Attorney at Law Specializing in Appeals Civil –
Criminal – State – Federal – Workers Comp |
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