Summary
This published order from the Fifth Circuit addresses a situation where oral argument proceeded despite a last-minute medical emergency involving the appellant's lead counsel. The per curiam opinion notes that while the court heard the argument after receiving short notice, it remains willing to schedule a supplemental Zoom hearing if requested. Concurring judges emphasize the importance of adequate preparation time for appellate advocacy and cite historical examples of other federal courts granting similar rescheduling requests.
Topics
Practice areas
Questions Presented
- Whether the Fifth Circuit may proceed with oral argument when appellant counsel experiences a medical emergency and requests a continuance
Holdings
- The court may continue with oral argument despite the emergency but will allow a rescheduled argument if appellant counsel requests it.
Key quotations
“In Powell v. United States, 516 U.S. 1039 (1996), the Supreme Court granted counsel’s motion to reschedule oral argument the day before argument was originally scheduled.” (at 2)
“We do not presume to know how much of the record even the most capable second chair could have mastered with two hours’ notice—and the extent to which that may have affected oral argument.” (at 3)
Factual background
Appellant’s lead counsel was hospitalized for a medical emergency shortly before the scheduled oral argument. Appellant requested a continuance, but the court proceeded with oral argument after noting that a second‑chair attorney was prepared to argue. The court offered to hold a supplemental oral argument via Zoom if the lead counsel later requested it.
Procedural history
Appellant appealed the district court's decision. The Fifth Circuit considered whether to reschedule oral argument after appellant counsel suffered a medical emergency and requested a continuance.
Remand instructions
The court will schedule a supplemental oral argument via Zoom if appellant’s lead counsel requests a continuance.