8.3 - Notification

(a) Request Granted

If a request for oral argument is granted, the Board notifies the parties through a notice of selection sent after the briefing schedule has concluded.  The notice will specify the time and place scheduled for oral arguments, and the issues the parties need to address.  Parties are generally provided at least 30 days’ advance notice of the date scheduled for oral argument.  The parties are also provided with a copy of this chapter, and any other materials the Board deems appropriate.

      (1) Confirmation received - Once a party confirms interest in oral argument, the oral argument calendar is fixed, and the parties are subject to the rules and obligations that attach to oral argument.  Supplemental briefs may be filed, but the parties are not sent a supplemental briefing schedule.  See Chapter 8.7(d)(5) (Supplemental briefs).

      (2) Confirmation not received - If a party does not confirm an interest in oral argument, the Board deems the party’s request waived and adjudicates the case on the existing record.

      (3) Continuance or postponement - Parties are expected to make all reasonable efforts to resolve conflicts in their schedules to permit them to attend oral argument as scheduled.  In view of the difficulty in meeting the scheduling needs of the Board and the parties, the Board disfavors motions for continuance or postponement.

(b) Request Denied

If a request for oral argument is denied, the Board does not specifically notify the parties but simply adjudicates the merits of the appeal or motion.  Thus, parties should never assume that oral argument will be granted.  The Board’s Oral Argument Coordinator will notify the parties when a request for oral argument has been granted.