Letter to Sandy Nelsen from Charles Ralston RE Joint Appendix

    • 

I* Note to Counsel: Please Sign and Return 
The only purpose of this form is to obtain an acknowledgment from all parties of the receipt of this calendar. 

Therefore, all counsel are requested to fill in, sign, detach and promptly return this form, (even though counsel may not 
be the attorney to argue) to: 

Clerk, U.S. Court of Appeals 
Fifth Circuit 
600 Camp Street 
New Orleans, LA 70130 

Dear Sir: 

I hereby acknowledge receipt of copy of your printed calendar showing m case in re: 
No gq. - 3144 ca  ,  RoNft t3p c—ii LS Votl  

vs. 1"/ C assigned for hearing at 9:00 A.M. on  title- 3, lifT  in the United States Court of Appeals Courthouse, 600 
Camp Street, NEW ORLEANS, LOUISIANA. 

• 1 

Signature: 

Attorney for: 

Date: 



e. 

UlOPED STATES COURT OF APPEALS* 
FOR THE FIFTH CIRCUIT . REVISED - 7/21/88  

NEW ORLEANS, LOUISIANA 
EN BANC COURTROOM 

THE COURT HAS DETERMINED THAT THE FOLLOWING CASES SHALL .,BE ORALLY ARGUED. 
COUNSEL FOR EACH PARTY MUST PRESENT ORAL ARGUMENT, UNLESS EXCUSED BY THE COURT 
FOR GOOD CAUSE SHOWN. THOSE CASES MARKED * SHALL BE ARGUED NOT TO EXCEED 20 
MINUTES PER SIDE. THE ARGUMENT TIME FOR THOSE CASES NOT SO MARKED WILL ORDINARILY 
BE 30 MINUTES TO THE SIDE UNLESS COUNSEL ARE ADVISED TO THE CONTRARY. THE TERM "PER 
SIDE" IS DEFINED AS PLAINTIFFS VERSUS DEFENDANTS. MULTIPLE PARTIES ON THE SAME "SIDE" 
MUST DIVIDE THE TIME ALLOWED, EVEN THOUGH THEY MAY HAVE AN ADVERSE POSITION. 

Ordered that the following cases be assigned for hearing in the EN BANC COURTROOM (Room 
209) of the United States Court of Appeals Courthouse, 600 Camp Street, NEW ORLEANS, LOUISIANA on 
the days hereinafter named to-wit: 

MONDAY, AUGUST 1, 1988 
COURT CONVENES AT 9:00 A. M. 

*No. 87-2379. B. J. Reid & Texas RWR, Inc. vs. Rolling Fork Public Utility District, Et Al., Appellants. 
*No. 87-1877. General Electric Supply Co. vs. Utley-James of Texas, Inc., Et Al., Appellants. 
*No. 87-6212. United States of America vs. One Gates Learjet, Etc.; Javier Cordero-Staufert, Et AL, 

Appellants. 
*No. 87-3673. Doris Vicknair, Appellant vs. Sears, Roebuck & Co., Et Al. 

TUESDAY, AUGUST 2, 1988 
COURT CONVENES AT 9:00 A. M 

*No. 87-3515. Edward G. Jones, Appellant and Liberty Mutual Insurance Co., Appellant vs. The Celotex 
Corporation, Etc., Et Al. 

*No. 87-4794. J. E. Stack, Jr. vs. Tenneco, Inc., Et Al., Appellants. 
*No. 86-2551. Bobby N. Owens vs. Texaco, Inc., Et Al.; Texaco, Inc., Appellant. 
*No. 87-3845. Callie Walsdorf, Appellant vs. Board of Commissioners for 'the East Jefferson Levee 

District, Et Al. 

WEDNESDAY, AUGUST 3, 1988 
COURT CONVENES AT 9:00 A. M. 

*No. 87-6217. Hilton Van Right, Appellant vs. Martitime Overseas Corporation. 
*No. 87-4958. James Ray Jackson, Petitioner vs. Land & Offshore Services, Inc., Et Al. 
*No. 87-6165. Venancio Medellin, Et Al., Appellants vs. Benjamin Bustos, Etc. 
*No. 87-3390. Willie Washington vs. The Budd Company, Appellant-Appellee; Denman Rubber Mfg. Co. 
*No. 88-3492. Ronald Shisom, Et Al. vs. Edwin Edwards, Et Al., Appellants. 

THURSDAY, AUGUST 4, 1988 
COURT CONVENES AT 9:00 A. M. 

*No. 87-6163. United States of America vs. Fernando Morales, Appellant. 
*No. 87-6117. United States of America vs. Rico Industries, Inc., and Richard Hughes Wilkins, 

Appellants. 
*No. 88-3157. Milton Reed vs. Hilton Butler, Warden, Etc., Appellant. (NO ORAL ARGUMENT) 
*No. 88-4061. Sidag Aktiengesellschaft, Etc., Et Al., Appellants vs. Smoked Foods Products Co., Inc., 

Etc., Et AL; Ronald C. Cox & Sales, U.S.A., Inc. 

GILBERT F. GANUCHEAU 
CLERK OF THE UNITED STATES COURT OF APPEALS 

FOR THE FIFTH CIRCUIT 

NEW ORLEANS, LA. 6/24/88-4 

The Court desires that counsel be aware in advance that oral argument in all cases are now 
being tape recorded for the exclusive use of the Court. However, counsel may arrange at their own 
expense for an official court reporter to be present, upon advance approval of the Court. On request, the 
Clerk will notify counsel who desire immediate collect telephonic notification when the opinion is 
rendered. 

Counsel to present oral argument are requested to appear in person at the Clerk's Office 
30 minutes prior to convening of Court on the day of the hearing, except that counsel in the last case may 
check in at that time by telephone. 

New Orleans Clerk's Office: Room 100, 600 Camp Street 
United States Court of Appeals Courthouse 
New Orleans, Louisiana 70130 
A.C. 504-589-6071 
FTS. 682-6071 



I 

PREPARING FOR ORAL ARGUMENT IN THE FIFTH CIRCUIT* 

The following information will be helpful to you in prepar-
ing for oral argument: 

1. You should not start with a recitation of the background 
facts, but should go immediately to the key issues upon which the 
case turns. Each judge receives a copy of the briefs and record 
excerpts in his or her chambers. It is the invariable practice 
of the judges to read these materials prior to oral argument. 

2. Prepare your argument in advance. Select one or two key 
issues, because that is all that the time allowed you will permit 
you to cover. You may find it helpful to begin by stating the 
issues you intend to cover so that any judge who wishes you to 
discuss other issues may so advise you. Rely on your brief for 
the rest. The court will not consider those issues to have been 
abandoned. 

3. If you plan to use any kind of visual aid, make arrange-
ments with the Deputy Clerk in advance. Easels are available. 
If your visual aid is electrical or mechanical, make certain it 
is connected and working. The Deputy Clerk will give you access 
to the courtroom before the start of oral argument for this pur-
pose. 

4. If you have not made prior arrangements.with the Clerk 
to call in, report in person to the Clerk's Office promptly 
thirty minutes before court is scheduled to convene on the date 
set for oral argument regardless of the order in which your case 
is listed. This is essential because occasionally cases are 
rescheduled, or cases listed before yours may be settled or con-
tinued. 

5. Expect questions during your argument and, when they are 
asked, answer them directly, then explain your answer. In addi-
tion, before your case is called for argument, you may receive 
questions in writing. Don't forget to consider these. 

6. Do not address your argument entirely to one judge even 
though one may ask more questions than the others. No case is 
assigned to a judge before oral argument. At the conclusion of 
each day's arguments a conference is usually held on the cases 
heard by the panel. A tentative decision is reached and one of 
the judges is designated to prepare the opinion. Assignments are 
made so as to equalize the workload of the entire session, taking 
into account possible dissents. 

*This material is sent to lead counsel along with the notice of 
oral argument. If lead counsel is not the person to present 
argument, this paper should be given to the oral argument 
attorney. 

June 1, 1985 



7. There are microphones on the lectern. These serve for 
both amplification and recording of the argument. Do not walk 
away from them in presenting your argument. The courtroom acous-
tics can make it difficult for the judges to hear you and the 
recording of your argument will be affected. Speak loudly and 
clearly so that your argument can be fully heard and 
understood. 

8. Local Rule 34.4 permits only two counsel for each party 
to be heard. In view of the limited time allowance, it is 
usually better for only one lawyer to handle the entire argument. 

9. If you have discovered additional authorities not cited 
in your brief, do not waste your short time reciting the cita-
tions in oral argument. Before you begin your argument, file 
four copies of a letter giving the name of each such case or 
authority and its citation, giving a copy to opposing counsel. 
Your list may be in handwritten form. 

10. Unless additional time is allowed, each side has twenty 
minutes, including rebuttal time. The green light on the lectern 
will be on when you start. A yellow light will go on when you 
have two minutes left. When the red light goes on, finish your 
sentence and stop. Do not press on until stopped; whatever you 
add is unlikely to overbalance the annoyance you create by ex-
ceeding the allotted time. If the judges have additional ques-
tions or wish you to continue, they will tell you. 

11. The appellant is permitted to reserve time for 
rebuttal. This must be restricted to rebuttal. Obviously only a 
fraction of the time requested for direct argument should be 
reserved. Usually 5 minutes is ample. 

MISC -8