Request for Hearing or Oral Argument

When the request for hearing or oral argument is used

Timing: when filing or opposing a motion, or in an appeal, within the time the local rules or the court of appeals' rules allow. Dispositive motions ask the court to decide all or part of a case without a full trial. They usually follow discovery.

What the rule requires

• First, note that a hearing is not automatic everywhere: by rule or order, the court may provide for submitting and determining motions on briefs, without oral hearings (Fed. R. Civ. P. 78(b)).
• In addition, a court may establish regular times and places for oral hearings on motions (Fed. R. Civ. P. 78(a)).
• On appeal, any party may file, or a court may require by local rule, a statement explaining why oral argument should, or need not, be permitted (Fed. R. App. P. 34(a)(1)).
• Even so, oral argument in a court of appeals must be allowed unless a panel of three judges unanimously agrees it is unnecessary because the appeal is frivolous, the dispositive issues have been authoritatively decided, or the briefs and record adequately present the facts and arguments (Fed. R. App. P. 34(a)(2)).
• Finally, local rules and the judge's procedures decide whether a hearing is automatic, available on request or granted only in the court's discretion. For that reason, check them before you file.

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. Civ. P. 78; Fed. R. App. P. 34(a)(1); local rules online. Also, the federal judiciary publishes the current rules and recent amendments.

The request for hearing or oral argument in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar request for hearing or oral argument procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Related procedures

Similarly, these procedures often come up alongside it:

• Motions: Form and Requirements: the general rules every written motion must follow.
• Notice (Court Filing): a short filing that formally informs the court and the other parties of a fact, an event or an action — for example a notice of motion, notice of hearing, notice of appearance, notice of change of address, notice of related case or notice of voluntary dismissal.
• Request (Court Filing): a paper asking the court or the clerk to take an action. Many courts use "request" in the name of specific filings — for example a request for judicial notice, a request for entry of default or a request for a hearing — while others call the same filing a motion or an application.

Before you rely on this page

First, read the current text of the rule. After that, check your court’s local rules and any standing order from the judge. In addition, look at recent decisions from your own court. They show how judges apply the rule in practice. For advice about your own case, speak with a licensed attorney, for example through our directory.

State court procedure for this filing

The federal rule above applies in federal court. In state court, the same filing is governed by that state's own rules of civil procedure, statutes and local court rules. Many states model their rules on the Federal Rules of Civil Procedure, so the requirements are often similar, but names, numbers, deadlines and forms can differ. Always use the version that applies to the court where your case is filed.

Examples from the largest state court systems

Each state citation was checked against the rule or code text (official source or a published copy) on October 24, 2026. Rules are amended often, so confirm the current version on the state's official site below.

Find the rule in your state

In your state's rules, look for the rule on request for hearing or oral argument. In states that number their rules like the federal rules, it is often the same rule number as the federal rule.