What does it look like when a case has oral arguments? Take a look at this recent argument by this firm at the N.C. Supreme Court:
Oral Arguments Excerpt
This clip shows an argument in a contract case involving the Statute of Frauds. The central question was whether the “writings” which had been offered into evidence included all of the necessary components of a contract. Arguing the case required not only a lot of notes, but also a familiarity with the materials than bordered on memorization. Note how during the clip of my argument I rarely look down or appear to be reading. A good oral argument will appear to be conversational, even though the attorney is working hard to hit all of the points from a very detailed script.
Oral arguments are rare in appeals; perhaps only 1 in 10 cases are argued before the appellate judges at the N.C. Court of Appeals. Although every case to make it to the N.C. Supreme Court will include oral arguments, less than 10% of cases make it that far. So, for the large majority of cases, the judges make their decisions based on the written record and briefs alone.
When oral arguments are required, though, it is perhaps the most intense experience of an appellate lawyer’s practice. A panel of judges (three at the Court of Appeals, and seven at the Supreme Court) will constantly interrupt the arguing attorney with questions and comments. The attorney attempts to answer these questions fully but without letting the judges derail the main argument that he is trying to articulate. While the arguments only last an hour, many hours of preparation go into oral arguments!