U.S. CODE

U.S. Code

Rule 40. Hearings

(a) Motions, petitions for grant of review, petitions for extraordinary relief, writ appeal petitions, petitions for new trial, and petitions for reconsideration. Except when ordered by the Court, hearings will not be permitted on motions, petitions for grant of review, petitions for extraordinary relief, writ appeal petitions, petitions for new trial, or petitions for reconsideration.

(b) When and how heard. After the case is calendared as provided in Rule 11 and all required briefs have been filed, a hearing may be ordered by the Court.

(1) Notice of hearing. The Clerk will give at least 20 days notice in writing to counsel for the parties of the time and place for the hearing, unless ordered otherwise by the Court. Upon receipt of such notice, counsel will notify the Clerk’s office of the identity of the counsel who will present oral argument.

(2) Presentation. Unless directed otherwise by the Clerk, counsel for the appellant or petitioner will open and close the argument. When the subject of a hearing is a motion, counsel for the moving party will be entitled to open and close. When both parties seek review in this Court, the accused shall be deemed the appellant for the purpose of this rule. Argument by counsel for an amicus curiae will be allowed on motion filed under Rule 30.

(3) Time allowed. Each side will normally be allotted 30 minutes to present oral argument.

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