Once all the briefs in the case are filed, the appellate court may set a date for oral argument. On that date, the Assistant United States Attorney and defense counsel appear before the judges of the court of appeals and argue the case. The defendant will not be brought to court for the oral argument. The court does not hear from any witnesses nor any new evidence. Not all cases are set for oral argument. Some are decided by the court of appeals only on the written briefs. These are usually cases in which the case presents simple issues which involve clearly established law.