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Re: Gm1850 post# 69864

Friday, 07/12/2019 12:56:19 PM

Friday, July 12, 2019 12:56:19 PM

Post# of 96903
I am not exactly sure and I will search for some statistics. As far as the appeal I go the following information from the Appellate Procedure Guide.
http://www.ca4.uscourts.gov/AppellateProcedureGuide/AppellateProcedureGuide.pdf

Myself and a fellow investor plan on attending the appeal. Looking forward to meeting anyone else that shows up.

Long UOIP,
~Magnus



ORAL ARGUMENT
Richmond Sessions
The court sits in Richmond, Virginia from Tuesday-Friday during six separate “court
weeks” scheduled between September and June. The court hears and decides cases
in panels consisting of three judges. Each panel hears oral argument in four cases
each day during court week. Additional days and sessions are added to the schedule
as needed.

Special Sessions
Special sessions are scheduled at law schools and other locations within the Circuit.
The court generally hears three cases at a law school, followed by a question and
answer session. If argument is scheduled for a law school session but counsel prefers
to present argument in Richmond, counsel should notify the clerk and request that the
case be scheduled for the next available Richmond argument session.

Courthouse Security
All visitors are required to show photo identification before they are directed through
screening by Court Security Officers. Prohibited at all times are weapons and potential
weapons, including firearms, pocket knives, scissors, letter openers, screw drivers,
mace, and pepper spray. Umbrellas must be left at the entrance. Food and beverages
may not be brought into the Courthouse or Annex. Storage lockers are not available.
Additional time should be allowed to complete security screening.

Electronic Device Policy
On the days the court is hearing argument, attorneys and their staff may bring electronic
devices into the Courthouse or Annex (other than devices that serve only as cameras or
recorders). All electronic devices must be turned off in any courtroom or chambers, but
may be turned on with all sounds muted during oral argument of counsel's case to
enable counsel to refer to documents previously downloaded to the device. Wireless
Internet access is available for use of personal electronic devices in the library but not in
the courtrooms. Electronic devices are prohibited on days the court is not hearing
argument. More information may be found in the court's Electronic Device Policy

Pre-argument Registration
Attorneys appearing for oral argument must register at least 30 minutes in advance in
Room 222 on the morning of argument to learn of panel assignment, courtroom
assignment, order of appearance, and allocation of oral argument time. All counsel to a
side must check in together to agree on the allocation of time. Attorneys check in
between 8:45 a.m. and 9:00 a.m. for oral arguments commencing at 9:30 a.m. En banc
oral arguments start at 9:00 a.m., and counsel check in for en banc arguments between
8:15 and 8:30 a.m. Arguments on the last day of the session commence at 8:30 a.m.,
and counsel checks in between 7:45 a.m. and 8:00 a.m.

Argument Panel
The identity of the argument panel is kept confidential until the morning of oral
argument.
The chief judge presides over en banc sessions of the court and over all three-judge
panels on which the chief sits. The active circuit judge most senior in service on a panel
is the presiding judge for all other oral argument panels. The presiding judge sits in the
center of the panel; the next most senior judge sits to the right of the presiding judge;
and the least senior judge on the panel sits to the left of the presiding judge.
An appeal may be heard and decided by two of the three judges assigned to a panel,
when one judge becomes unavailable. If a panel is reduced to two and the two cannot
agree, however, the case will be reargued before a new three-judge panel which may or
may not include prior panel members. IOP 36.2.

Argument Time
A digital clock with timer lights is used to track argument time. The timer light shows
green until only five minutes of argument time remain, at which point an amber light
appears. A red light appears when argument time has expired.
All parties to a side must share the time allotted for oral argument. The party filing the
first notice of appeal or, in the event the parties noted an appeal on the same day, the
plaintiff in the proceedings below will be deemed the appellant for purposes of both
briefing and oral argument. Fed. R. App. P. 34(d); 28.1(b). Each side is normally
allowed 20 minutes, except in en banc cases, in which counsel is allowed 30 minutes
per side. In social security disability cases, black lung cases, and labor cases where
the primary issue is whether the agency's decision is supported by substantial evidence,
and in criminal cases where the primary issue involves the application of the sentencing
guidelines, each side is limited to 15 minutes. Loc. R. 34(d).
Since the appellant is allowed to open and close the argument, counsel for appellant is
asked to allocate their time between opening and rebuttal. Loc. R. 34(d). In a crossappeal, both appellant and appellee may reserve rebuttal time. No more than 1/3 of the
time may be reserved for rebuttal. In a 30-minute argument, counsel may reserve up to
10 minutes for rebuttal. In a 20-minute argument, counsel may reserve up to 7 minutes
for rebuttal. In a 15-minute argument, counsel may reserve up to 5 minutes for rebuttal.
It is recommended that no more than two attorneys argue per side. Loc. R. 34(d). Care
should be taken to avoid duplication of argument. Fed. R. App. P. 34(d).
Counsel may request additional time by written motion stating reasons, filed after
notification that the case has been calendared for oral argument. Loc. R. 34(d). At
argument, the panel may reduce or increase the amount of time allotted for oral
argument. Loc. R. 34(d).
Briefs for cases assigned to an argument panel are distributed to the panel at the time
the assignments are made, and the judges hearing argument will have read the briefs
and be familiar with the case. Therefore, in oral argument, counsel should emphasize
the dispositive issues. Loc. R. 34(d). Counsel should not read at length from briefs,
records, or authorities. Fed. R. App. P. 34(c).

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