Once the Judge panel reads the briefs they may decide Fed Rule 34(a)(2) A,B,or C below or they will hear the arguments:
United States Court of Appeals for the Federal Circuit
ORAL ARGUMENT ORDER
This appeal is scheduled for oral argument in the U.S. Court of Appeals for the Federal Circuit. For specifics relating to the time, date, and location of the argument please refer to the docket of your case. As a reminder, argument time is generally 15 minutes per side unless otherwise directed by the court. The appeal having been placed on the oral argument calendar, counsel need not submit the statement allowed by Fed. R. App. P. 34(a), setting forth the reasons why oral argument should be heard. Notwithstanding the scheduling for oral argument, the panel of judges that will decide the appeal, upon further consideration, may yet disallow oral argument, under the circumstances set forth in Fed. R. App. P. 34(a), and, if so, counsel will be duly notified by the clerk. Notice to Counsel on Oral Argument, Courtroom Decorum, and the Calendar Announcement can be found under the Argument tab on the courts website. Counsel should complete the Response to Oral Argument Order event (located in the Calendar and Response/Reply categories) by the date indicated on the docket for your case. FOR THE COURT /s/ Daniel E. O’Toole Daniel E. O’Toole Clerk
Fed. R. App. P. 34(a)
Federal Rules of Appellate Procedure › TITLE VII. GENERAL PROVISIONS › Rule 34. Oral Argument Rule 34. Oral Argument
(a) In General.
(1) Party's Statement. Any party may file, or a court may require by local rule, a statement explaining why oral argument should, or need not, be permitted.
(2) Standards. Oral argument must be allowed in every case unless a panel of three judges who have examined the briefs and record unanimously agrees that oral argument is unnecessary for any of the following reasons:
(A) the appeal is frivolous;
(B) the dispositive issue or issues have been authoritatively decided; or
(C) the facts and legal arguments are adequately presented in the briefs and record, and the decisional process would not be significantly aided by oral argument.