Rule VIII - Oral Argument(1)Selection of cases.(a) Scheduling generally. The Clerk and Chief Staff Attorney schedule arguments under the direct supervision of the Chief Justice. The Clerk, in consultation with the Chief Staff Attorney, prepares a draft oral argument list and schedule of decisions to be made on the briefs. After the Chief Justice has approved the oral argument list, it is circulated by the Clerk to all of the Justices. The list is updated periodically throughout the month and redistributed as needed. (b) Counsel requests. Consideration is given to written requests by counsel for oral argument, but such requests are not binding on the Court. (c) Justice requests. Upon the request of any Justice, a case not already recommended for oral argument may be added to the oral argument list. (2)Suggested criteria for oral argument.(a) Argument unnecessary. The Justices usually will dispense with oral argument when: (i) The issue is not novel and the briefs adequately cover the arguments; or (ii) The outcome of the appeal is clearly controlled by a decision of the United States Supreme Court or this Court; or (iii) The factual state of the record will determine the outcome and the sole issue is either sufficiency of the evidence, the adequacy of jury instructions, or discretionary rulings, and the briefs refer to the record adequately.(b) Argument desirable. The Justices usually request oral argument when: (i) The appeal presents a substantial or novel legal issue;(ii) The resolution of an issue presented by the appeal will be of institutional or precedential value; (iii) The Justices have questions to ask counsel to clarify legal, factual, or procedural points;(iv) A decision, legislative act, or another event that occurred after the filing of the last brief filed may significantly bear on the case; or(v) An important public policy issue is implicated. The foregoing criteria are illustrations and not limitations on any Justice's discretion in voting for oral argument.
(3)Notice to counsel. The Clerk provides timely advance notice to counsel in each case whether the case is to be argued orally or submitted on the briefs. The composition of the panel is not disclosed to counsel before oral argument. If the case is submitted for consideration on the briefs, counsel are notified in writing of the submission date but not the panel composition. The panel composition is available, however, upon request after the submission date. Unless otherwise specified, oral arguments are held in Dover on Wednesdays, as scheduled by the Court.Del. Sup. Ct. Int. Opp. P. VIII
Adopted effective 6/18/2015