Missouri Court of Appeals, Southern District
Local Rules

Rule 1. Calling of Docket—Oral Argument—Waiver—Time

(a) The court will call the docket of cases to be orally argued at the time and on the date listed on the docket.

(b) Appellant in any case desiring to orally argue the cause shall serve notice thereof upon the respondent and the clerk of this court not later than 10 days after the brief of respondent is due to be filed under Supreme Court Rules or as extended by order of this court.

Such notice shall be made by separate pleading captioned "Request for Oral Argument," and may be withdrawn at any time. Notice not made in this manner shall be ineffective. Failure of appellant to serve the notice within the time and manner required herein shall constitute a waiver on behalf of all parties to appear and orally argue the cause unless the court, for good cause shown, shall extend the time for serving the notice.

If no such notice is served within the time herein required or as extended by order of the court, the court shall consider the cause as submitted upon the briefs of all parties.

When appellant shall have filed and served such notice within the time herein required or as extended by order of the court, a respondent who has filed a brief shall be permitted to appear and to orally argue the cause without filing or serving any notice to that effect.

If appellant shall fail to file and serve such notice within the time herein required or as extended by order of the court, and respondent, nevertheless, desires to appear and orally argue the cause, respondent may do so only for good cause shown if permitted by order of the court.

If the appellant shall file and serve such notice within the time herein required or extended by order of the court and thereafter withdraws such notice, the respondent shall be permitted to argue only with leave of the court.

A party who has not filed a brief or whose brief has been stricken will not be permitted to orally argue unless permitted by the court for good cause shown.

(c) The time allowed for oral argument shall be 20 minutes for the appellant and 15 minutes for the respondent, unless the court, for good cause shown, shall otherwise order. Appellant may divide his time between original and reply arguments, but not more than 5 minutes of the total time allowed and reserved shall be consumed by reply argument. Time expended for questions and responses thereto shall not extend the time for argument. Cross-appeals shall be treated as one cause, and in such cases the plaintiff in the trial court shall be entitled to open and close the argument unless the court shall otherwise order. The party required to file the original and reply briefs under Supreme Court Rule 84.05(c) and (e) shall be entitled to open and close the argument.

(d) Notwithstanding the provisions of subsection (c) of this rule, the court may, after prehearing review of the record, order that the time allowed for oral argument shall be shortened to such time as the court may deem practicable in the circumstances.

(e) In any case, whether appearing on a docket or not and which has been submitted on briefs, an opinion therein may be adopted at any time. If oral argument has been requested as provided by rules and the court determines that oral argument would not be beneficial, oral argument may be denied and the case shall be determined as if submitted on briefs.

(Adopted Aug. 1, 1979, eff. Jan. 1, 1980. Amended Jan. 18, 1982, eff. April 1, 1982; Nov. 21, 1983; Dec. 12, 1986, eff. April 1, 1987; May 27, 1988, eff. July 1, 1988; Feb. 27, 1995; July 20, 2011; April 10, 2012, eff. May 1, 2012; June 14, 2017. Subparagraph (f) repealed May 25, 2021.)