Re: Oral arguments

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Dear Pepe,

Since no better lawyer has come in and responded to your
post, I will give it a shot. I have handled my share of the
appeals over the years, although I am certainly no expert on
appeals. I usually feel my away along like a blind man in
the dark, learning the rules as I venture into uncharged
waters. Neverless, I have won some, lost some. Be that as it
may, if you have been advised by the court that if you want
oral argument you have to file a motion requesting same, my
guess is that all you have to do is simply file a motion
bearing the caption of the case and having the party who is
appealing appear either IN PROPER PERSON or through counsel
and simply say in the motion that you are now coming into
court moving the court to grant you the right to present
oral argument to the appellate court when the appeal comes
before the court for consideration. Usually, as I remember
it, when the court advises that no oral argument will be
allowed, that is an indication that the party being denied
has not filed his brief timely or that the appealing party
is being denied the right to oral argument for some other
deficiency in the brief or other pleding. I have never see
a situation where the appeallant was advised that he or she
was not allowed to argue orally, but that if he or she filed
a motion requesting the right to argue orally, that right
would be granted, or perhaps just considered. Of course,
there is a lot I do not know about the law. I learn new
lessons about the law and lawyering every day, and I have
been doing so since 1963, when I started law school. I
suppose thatis why they call it "practice", for a lawyer
never becomes perfect. As a senior member of the bar I have
learned to work on the principle that "the perfect is the
enemy of the good," and to just seek to do a good job, not a
perfect one. Best of luck!

Sincerely,

Hardy Parkerson, Atty.
Lake Charles, LA

On 10/20/03, pepe wrote:
> My e-mail is not working properly --
> my cquestion is this about oral arguments
>
> when appealing a summarty decision and in the appeal court
> you request an oral argument--
>
> you get a letter from the appeals court saying your case
> will be heard but no oral argument is going to be heard.
> A motion can be filed--- lnly by a certain date.
> what kind of a motion could be filed--so an oral argument
> could be heard?

Re: Oral arguments , 10/20/03, by Hardy Parkerson, Atty..

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