Rule 10.080.Oral Argument at Hearing
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 10.080
Plain-English Summary
The petitioner opens and closes the argument. Unless the court orders otherwise, the petitioner is limited to 10 minutes and the respondent to 10 minutes, and the petitioner may reserve up to five minutes for rebuttal. The rule grants no separate rebuttal time on top of that limit, but it does not say outright that the reservation comes out of the petitioner's 10, so confirm the court's practice before you plan the argument.
Silence at the hearing costs nothing. No point raised in a party's memorandum of points and authorities is deemed waived by that party's failure to present the point in oral argument. The written memorandum carries the argument, and the hearing is a chance to sharpen it rather than a test of whether the party remembers to mention everything.
Nonappearance has a defined consequence. If a party fails to appear at the hearing, the court deems the cause as to that party submitted without oral argument. The party who did appear may still argue, so an empty chair on one side does not cancel the hearing.
Frequently Asked Questions
How long is oral argument in a DMV suspension review hearing?
Unless the court orders otherwise, the petitioner is limited to 10 minutes and the respondent to 10 minutes.
Who argues first?
The petitioner is entitled to open and close.
Can the petitioner save time for rebuttal?
Yes. The petitioner may reserve up to five minutes for rebuttal. The rule caps the petitioner's argument at 10 minutes and grants no separate rebuttal time, so ask the court how it counts the reservation.
Do I waive an argument if I do not raise it at the hearing?
No. A point raised in a party's memorandum of points and authorities is not deemed waived by the party's failure to present it in oral argument.
What happens if the other side does not appear?
The court deems the cause as to the absent party submitted without oral argument. The failure to appear does not preclude oral argument by the other party.