What are the rules governing oral arguments before the Supreme Court of Virginia?
Rule 5:33 of the Rules of the Supreme Court of Virginia governs oral arguments before the court. Under Rule 5:33, the court must provide counsel with at least 15 days’ notice of when and where oral argument will take place. The rule also sets a time limit of 15 minutes for each party’s oral argument. Per rule 5:3, the Court is authorized to sit in divisions of three, however, they only do so to hear petitions. All oral arguments are heard en banc, with all seven justices present.
When does the Supreme Court of Virginia schedule and hear oral arguments?
The Supreme Court of Virginia holds one term annually. The annual term begins in September and ends in June, with each session scheduled for four or five days when the court will hear all scheduled oral arguments. After each session, the court stands in recess for six weeks. All oral arguments before the Supreme Court of Virginia are heard at the courthouse in Richmond. The schedule for each session is posted on the Virginia Courts website and includes the dates of the session, the argument docket, and the session schedule with dates and times for each argument on the docket. Oral arguments before the Virginia Supreme Court are open to the public.
Preparing to present an oral argument before the Supreme Court of Virginia.
When the Supreme Court grants review of your case and after submitting your brief, the court sends a notification via mail of the approximate session in which your oral argument will be heard. The letter requires a response and, once you have responded, you will receive a second letter with information on the exact date and time of your argument. The Court requests that parties arrive no later than 8:45 AM on the date of your argument to allow time for check in and further instructions. You will need a photo ID to gain admission into the courthouse.
Note that the courthouse prohibits cell phones, pagers, laptops, and all other electronic or noise-making devices. If you would like to use a computer or tablet during oral arguments, they must obtain written permission from the Court at least 72 hours in advance of the scheduled argument.
The Federal Bar Association’s Handbook on Appellate Advocacy in the Supreme Court of Virginia and the Court of Appeals of Virginia is a helpful resource in preparing your case. The handbook includes information on court procedures, a list of commonly asked questions and their answers, as well as tips on brief writing and crafting your oral argument. The Virginia Court System also has a similar guide for pro se litigants: A Guide to Self-Representation in the Court of Appeals of Virginia.
