Though long considered a bedrock of the American legal system, oral argument has steadily lost popularity in appellate courts across the country. Due in large part to ever-increasing caseloads and limited judicial resources, most jurisdictions now favor the expediency of written briefs over oral argument to decide appeals. While written briefs have their place, oral argument offers an inimitable opportunity for lawyers and judges to directly converse. As such, the practice of oral argument at the appellate level should be preserved. The Illinois Supreme Court took a step towards revitalizing appellate oral argument with its revised Rule 352(a). However, the current rule does not go far enough in its attempt to encourage appellate oral argument while also maximizing judicial efficiency. The Illinois Supreme Court should consider adopting more aggressive protections in order to truly revive appellate oral argument in Illinois.
College of Law
Northern Illinois University Law Review
"Illinois Supreme Court Rule 352(a): An Attempted Revival of the Appellate Oral Argument,"
Northern Illinois University Law Review: Vol. 40:
2, Article 1.
Laura Peters, Comment, Illinois Supreme Court Rule 352(a): An Attempted Revival of the Appellate Oral Argument, 40 N. Ill. U. L. Rev. 238 (2020).