Article III. Civil Appeals Rules · Part E. Oral Argument · Last amended 2018 · Last verified July 20, 2026
In one sentenceRule 352 governs how a party requests, waives, and conducts oral argument, including time limits and the court's power to decide a case on the briefs alone.
(a)Request; Waiver; Dispensing With Oral Argument. A party shall request oral argument
by stating at the bottom of the cover page of his or her brief that oral argument is requested. If the party has elected to allow a petition for leave to appeal or answer to stand as the party’s brief, the party may file a request for oral argument, with proof of service upon opposing parties. This request shall be filed within the time that the party could have filed a further brief. If any party so requests, all other parties may argue without an additional request.
No party may argue unless that party has filed a brief as required by the rules and paid any fee required by law. A party who has requested oral argument and who thereafter determines to waive oral argument shall promptly notify the clerk and all other parties. Any other party who has filed a brief without requesting oral argument may then request oral argument upon prompt notice to the clerk and all other parties.
After the briefs have been filed, the court may dispose of any case without oral argument if no substantial question is presented, but this power shall be exercised sparingly and only upon the entry of a written order stating with specificity why such power is being exercised in the affected case. Notwithstanding the foregoing, oral argument shall be held in any case in which at least one member of the panel assigned to the case requests it.
(b)Length. Unless the court otherwise orders, each side shall be allowed not to exceed 20 minutes for its main argument. In all cases, the appellant shall have not to exceed an additional 10 minutes strictly confined to rebuttal. If only one side argues, the argument shall not exceed 15 minutes. The court may grant additional time on motion filed in advance of the date fixed for hearing if it appears that additional time is necessary for the adequate presentation of the case. A party is not obliged to use all of the time allowed, and the court may terminate the argument whenever in its judgment further argument is unnecessary.
(c)Reading Prohibited. Reading at length from the record, briefs, or authorities cited will not be permitted.
(d)Divided Arguments. No more than two counsel will be heard from each side except by leave of court, which will be granted when there are several parties on the same side with diverse interests. Divided arguments are not favored and care shall be taken to avoid duplication of arguments.
(e)Multiple Parties. If a case involves appeals by more than one party the sequence of oral argument shall be as the parties agree or as the court directs.
(f)Limitation on Briefs and Memoranda. No brief or memorandum shall be filed after the due date of the reply brief or after oral argument except by leave of court or a judge thereof.
(g)When Oral Argument Not Requested. If a case is submitted to the court without request for oral argument, it shall be decided on the briefs unless the court orders oral argument.
Plain-English Summary
A party asks for oral argument by stating so on the cover of its brief. Once one side requests it, every other party may argue too without filing a separate request. A party can later waive argument by notifying the clerk and the other parties, and if that happens, anyone who didn't originally ask for argument can still request it.
The court can skip oral argument entirely if the case presents no substantial question, but it has to use that power sparingly and explain its reasoning in a written order. Even then, if a single judge on the panel wants argument, the case gets argued.
When argument does happen, each side normally gets 20 minutes, with the appellant getting an extra 10 minutes for rebuttal; a case argued by only one side is capped at 15 minutes. Reading at length from the record or briefs isn't allowed, no more than two lawyers per side may argue absent special permission, and no further briefs can be filed after the reply brief or oral argument without the court's leave.
Frequently Asked Questions
How does a party request oral argument?
By stating on the bottom of the cover page of the brief that oral argument is requested.
How much time does each side get to argue?
20 minutes per side for the main argument, plus up to 10 minutes of rebuttal for the appellant; a case argued by only one side is limited to 15 minutes.
Can the court decide a case without oral argument?
Yes, if no substantial question is presented, but the court must use that power sparingly and issue a written order explaining why — and it must still hold argument if even one panel member wants it.
How many lawyers can argue for each side?
No more than two, unless the court grants leave for more because several parties on the same side have differing interests.
What happens if no one requests oral argument?
The case is decided on the briefs alone, unless the court orders oral argument on its own.
Committee Comments
(Revised July 1, 1975)
This rule is based upon former Supreme Court Rule 43. See also former Second, Third, Fourth, and Fifth District (and earlier Uniform) Appellate Court Rule 13(4).
Paragraph (a) Paragraph (a) is based largely upon the first paragraph of former Rule 43. The last two sentences are new; the former provision did not require notice of an election to waive oral argument, but provided that if a party appeared at the argument and the other party failed to appear, the party who appeared could argue anyway. The new provision, stated in the last two sentences of the paragraph, requires prompt notice of waiver and a prompt notice by the opposite party if he desires oral argument. The last paragraph was added in 1975. As to the length of argument, see comment to paragraph (b).
Paragraph (b) This paragraph is based in part upon the second paragraph of former Rule 43. The provision for requesting additional time by motion filed in advance of the date fixed for hearing is new. The final sentence, which reminds counsel that he need not use all the time allowed and which provides that the court may terminate the argument whenever in its judgment further argument is unnecessary, is also new. Paragraph (a) limits the power of the court to deny permission to argue orally to cases in which it is determined that no substantial question is presented, and cautions that the power to dispense with oral argument is to be used sparingly. Paragraph (b), on the other hand, leaves the court free to limit the length of the argument in advance, as well as to terminate it once it has begun. when argument is to be limited in advance, ordinarily counsel should be notified reasonably in advance of the date set for argument.
Paragraph (c) This provision is taken from Second, Third, Fourth, and Fifth District (and earlier Uniform) Appellate Court Rule 13(4), second paragraph, last sentence.
Paragraph (d)
This paragraph is based upon the first sentence of the third paragraph of former Rule 43 and paragraph 4 of Rule 44 of the rules of the Supreme Court of the United States.
Paragraph (e)
This paragraph is new.
Paragraph (f)
This paragraph is derived from the second sentence of former Supreme Court Rule 43 (which did not provide for the filing of another brief upon leave of court or a judge thereof) and the last paragraph of former Second, Third, Fourth, and Fifth District (and earlier Uniform) Appellate Court Rule 13(4).
Paragraph (g)
This paragraph is new.
Amendment History
Amended effective July 1, 1975; amended May 28, 1982, effective July 1, 1982; amended June 19, 1989, effective August 1, 1989; amended August 18, 1989, effective September 1, 1989; amended December 17, 1993, effective February 1, 1994; amended Feb. 6, 2013, eff. immediately; amended June 22, 2017, eff. July 1, 2017; amended May 25, 2018, eff. July 1, 2018.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
Also known as:oral argument time limitsrequesting oral argument appealwaiving oral argumentrebuttal time appellate argumentdivided argument appellate court