Oral argument allows the parties to make their case verbally in front of a panel of three appellate justices. 

The justices will have read the briefs submitted for the appeal, so you should not restate what you argued in your brief. You are also prohibited from reading directly from your brief. Instead, you should highlight your main points and summarize why you should win the case. 

Typically, the court will allow each party 15 to 20 minutes to present their argument. The justices will ask questions of each party, so you should be prepared to answer any questions. 

The appellate court is not required to hold oral arguments. If the court decides to schedule an oral argument for your case, a notice with the date and time will be sent to all parties. Supreme Court Rule 352 outlines requirements for oral argument. 

How do I request oral argument for my appeal? 

Generally, a party requests oral argument on the cover of their brief. If you are using the state forms, check the box "requested" or "not requested" under oral argument. 

How will my case be affected if I don't have an oral argument? 

The appellate court grants oral argument for cases where a "substantial question is presented." If the court does not schedule oral argument, the justices will make their decision based on:

• The record on appeal, 
• The transcripts, and 
• The briefs submitted by the parties. 

Where can I find examples of oral arguments? 

Oral argument recordings from each appellate district are posted on the Illinois Courts' website. 

What party presents first at oral argument? 

The appellant will present first. The appellee will respond, and then the appellant will argue a final reply. 

Can I bring a witness or present new evidence at oral argument? 

No. Oral argument is not a new trial. You cannot call any witnesses or present any new evidence. You also cannot raise any issues that you did not raise in your brief. 

What happens after oral argument? 

The court will not make a decision right away. Within a few months after the oral argument, the court will issue a written decision. The clerk of the appellate court will notify all parties when the court has issued its decision.