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Appellate Practice

Nov. 16, 2026

Working, Part 9: Preparing for oral argument

Effective appellate oral argument preparation requires focusing less on memorizing the record and case law and more on identifying persuasive arguments that could change the justices' minds and win the appeal.

Myron Moskovitz

Legal Director
Moskovitz Appellate Team

90 Crocker Ave
Piedmont , CA 94611-3823

Phone: (510) 384-0354

Email: myronmoskovitz@gmail.com

UC Berkeley SOL Boalt Hal

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Working, Part 9: Preparing for oral argument
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My most recent columns have described my process for writing briefs. Not so much the final result, but the path that got me there.

A few months after all three briefs (appellant's opening brief, respondent's brief, and appellant's reply brief) have been filed with the appellate court, the court sends counsel a notice specifying the date and time of oral argument. Time...

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