Legal Question in Appeals and Writs in Florida
Oral Argument
Recently I was told that in Florida, during the Appellate process that most attorneys are denied oral argument. In my experience, all my appeals included oral argument. How important is the oral argument to the Appellate brief? Is it a right to all appellants or something that can be arbitrarily denied by judges? I recall the question being asked when we filed my brief if we requested oral argument so therefore, I find it hard to believe that Florida, in most appellate cases denies this ability.
1 Answer from Attorneys
Re: Oral Argument
You have to ask for oral argument by a seperate filed motion, but it is not an absolute right.
The appellate court has the right to refuse oral argument if they do not believe that oral argument would help explain anything more than what is already in the briefs. Good luck.
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