After both sides file the briefs, either party can request to have an oral argument before the Supreme Court.
Either party may serve and file a written Request for Oral Argument, SHS- AP 300 within 10 days after the date the appellant's reply brief is due.
If either party asks for oral argument, it will be automatically scheduled.
The Appellate Clerk's Office will send a notice of the date and location of the oral argument.
The oral argument will happen either in Anchorage, Fairbanks or Juneau, depending on where Superior Court case was heard. The court will schedule argument only if at least one party requests it.
Oral argument can be helpful to the Supreme Court because it lets the justices ask questions about areas that might be important.
It also lets them explore implications of the legal issues that the parties might not have considered.If oral argument is scheduled, you can waive your argument or limit it to particular issues if you want.If you are the appellant and either waive your opening argument or limit the issues discussed, be aware that you will be limited in how you respond to the appellee's arguments.If you want to present a rebuttal argument after the appellee argues, you will be limited to topics discussed by the appellee and cannot address other issues.If neither party requests oral argument, the Court will decide the appeal based on the briefs filed.The Supreme Court's opinion will happen in the same timeline as if you had an oral argument. The justices read the briefs, the excerpts of record and a memo written by a law clerk that thoroughly summarizes the arguments, the facts, and important legal propositions.