THE ONCE AND FUTURE ORAL ARGUMENT
By Hon. David M. Gunn & Nicholas M. Bruno
Oral argument can be useful to the Court. It is certainly useful to the parties who can see the deliberative process play out and thereby feel more confidence in the result of the appeal (whether they win or lose). But does it work as well as it could? Can we come up with ways to improve the process?
Over the decades, the Texas system’s approach to oral argument has changed significantly. Before the current appellate rules, the state practice liberally granted argument. Over time, the number of oral arguments dropped as the demands on the intermediate courts’ dockets increased. During the pandemic, arguments in at least some courts dropped even lower, but now the number is climbing again. This paper will examine some of those oral argument trends through the decades. It will then discuss some suggestions (and a current pilot program in the Texas appellate courts) that aim to increase the usefulness of oral argument.
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