Rule 9.320 - ORAL ARGUMENT(a) Requests. Oral argument may be permitted in any proceeding. A request for oral argument shall be in a separate document served by a party: (1) in appeals, not later than 15 days after the last brief is due to be served;(2) in proceedings commenced by the filing of a petition, not later than 15 days after the reply is due to be served;(3) in proceedings governed by rule 9.146, in accordance with rule 9.146(g)(5); and(4) in proceedings governed by rule 9.120, not later than the date the party's brief on jurisdiction is due to be served, except that in proceedings in which jurisdiction is invoked under rule 9.030(a)(2)(A)(v), not later than 5 days after the filing of the notice to invoke discretionary review.(b) Duration. Unless otherwise ordered by the court, each side will be allowed 20 minutes for oral argument.(c) Motion. On its own motion or that of a party, the court may require, limit, expand, or dispense with oral argument.(d) Requests to the Supreme Court of Florida. A request for oral argument to the supreme court shall include a brief statement regarding why oral argument would enhance the supreme court's consideration of the issues to be raised. A party may file a response to the request within 5 days of the filing of the request. No reply shall be permitted.(e) Use of Communication Technology.(1)Definition. As used in this subdivision, the term "communication technology" has the same meaning provided in Florida Rule of General Practice and Judicial Administration 2.530(a).(2)Request to Participate by Communication Technology. A request may be made by a party for one or more of the parties to participate in oral argument through the use of communication technology. Such request must be included in the request for oral argument under subdivision (a). The request must state the reason for requesting participation by communication technology.(3)Court Order. The court, in the exercise of its discretion, may grant or deny the request of a party under subdivision (e)(2) or may, on its own motion, order participation in oral argument through the use of communication technology.(4)Public Availability. If communication technology is used for participation in an oral argument, the proceeding must be recorded and made publicly available through a live broadcast and by posting the recording to the court's website as soon as practicable after the proceeding.(5)Technological Malfunction. If a technological malfunction occurs during an oral argument for which communication technology is used, the court may recess the proceeding to address the malfunction, expand the time for oral argument, reschedule oral argument, or dispense with oral argument. Amended by WL 2721129, effective 10/1/2022; amended by 305 So.3d 262, effective 1/1/2021; amended by 257 So.3d 66, effective 1/1/2019; amended by 183 So.3d 245, effective 1/1/2015.Committee Notes
1977 Amendment. This rule replaces former rule 3.10. As under the former rules, there is no right to oral argument. It is contemplated that oral argument will be granted only if the court believes its consideration of the issues raised will be enhanced. The time ordinarily allowable to each party has been reduced from 30 minutes to 20 minutes to conform with the prevailing practice in the courts. If oral argument is permitted, the order of the court will state the time and place.