At some point after the last brief has been filed, the clerk of the appellate court will schedule the case for oral argument before the appellate panel. Federal courts of appeals and state intermediate appellate courts sit in panels of three judges. State supreme courts and the Supreme Court of the United States sit in panels of seven or more judges. Counsel will appear in person before the panel on the appointed day and argue the case. Oral argument is an opportunity for the parties to answer questions from the judges and to focus the court's attention on important aspects of the issues.
Clients attending oral arguments are often surprised at how scholarly and polite they are.
A professional is expected to intimately know the case and to attempt to persuade the court of the merit of its position. They are not expected to exhort the court or pound on the podium, and no competent lawyer will ever do this. It is a calm and thoughtful occasion, with mutual respect apparent between all participants. Clients must realize that nothing can be predicted on the basis of how the judges behaved at oral argument. Sympathetic or seemingly hostile questions may simply be a judge's way of trying to fully understand an issue they are interested in after having studied the briefs.