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Overview
The Moot Court Program is the centerpiece of the Supreme Court
Institute's public service activities. These practice sessions
allow attorneys to prepare for oral arguments before the Court.
The Law Center has become the principal stop of many counsel
seeking expert assistance in oral argument preparation prior
to appearing before the Court. Approximately 2/3 of all cases
heard by the Court are mooted at Georgetown before a panel of
"Justices" that includes law faculty and experienced Supreme
Court advocates. While the Institute is especially interested
in providing assistance to those attorneys who will be arguing
at the Court for the first time, the Institute has also held
moot courts for some of the nation's very best and most experienced
Supreme Court advocates. Moots are provided as a public service
to counsel at no charge on a non-partisan, first-come, first-serve
basis.
All moot courts take place in the Supreme Court Institute Moot Courtroom (.pdf), located on the Law Center campus in the Hotung International Building.
FAQ
What is a "moot"?
A "moot" is a practice session in which counsel presents
oral argument before a panel of "Justices" in preparation
for an appearance before the Supreme Court. The Justices
offer critiques of the argument as well as general comments
to help maximize counsel's opportunity to present an
effective, informative oral argument. The moots are
designed not only to aid counsel in further refining
their arguments, but also to familiarize counsel with
the general proceedings of the Court.
How many moots
does the Institute hold each year?
While the number of moots varies from year to year,
generally the Institute moots about 70 percent of the
cases heard before the Court in a given Term. During the October Term 2006, the Institute provided
moot courts in 65 cases, representing 90 percent of
the cases heard by the Supreme Court.
When and where
do the moots take place?
The moots are generally scheduled for Wednesday (at
10:00 AM or 3:30 PM), Thursday (at 10:00 AM or 3:30 PM) or Friday (at 10:00 AM or 3:00 PM)
one week before the actual oral argument is to be heard
by the Court. The moots are held at the law school campus in the Institute's moot court room, which is located in Room 2003 of the Hotung International Law Building.
Moot sessions typically run between an hour and a half
and two hours.
What is the format
of a moot?
The moots are roughly divided into two parts. The first
part is formal in character and the second part is an
informal discussion. We ask both counsel and the Justices
to stay in role during the first part of the proceeding,
in order to maximize the value of the formal moot. We
keep track of the time and notify counsel when time
is up, but then allow the formal questioning and answering
to proceed until the "Chief Justice" concludes that
time would be better spent in the second part of the
moot, which is the informal discussion. The formal question/answer
session typically last about 45 minutes, but never more
than one hour. During the informal discussion that follows,
counsel and the Justices have the opportunity to discuss
the case, including the relative effectiveness and ineffectiveness
of all aspects of counsel's argument. The discussion
is simultaneously candid and constructive.
Who is eligible
to participate in a moot?
Any counsel with cases before the Supreme Court is eligible
to participate.
Does it matter
which side I'm representing?
No. Moots are provided for all eligible counsel, irrespective
of the position that they are advocating.
What if my opposing counsel has already scheduled a moot?
The Institute generally conducts moot courts for only one side in any case in order to safeguard confidentiality. If opposing counsel has already scheduled a moot, on very rare occasion the Institute may agree to provide a moot court for the other side. The Institute, at its discretion, will determine whether an exception to the rule is warranted or feasible and it will only be done under very carefully limited circumstances. First, the opposing counsel (and their client) must not object to us providing a moot court for the other side. Then, if there is no objection, no “Justice” who participates in one moot court may participate in the other, nor may “Justices” affiliated with the same law firm. Finally, no student observers are allowed at either moot.
How much does it
cost to participate?
There are no charges for these services. They are offered
strictly on a pro bono basis as a public service.
Who attends the
moots?
Counsel and the acting Justices attend the moots. As
part of the Institute's mission is to further educate
Georgetown Law's student body about the various issues
before the Court, a small number of specially selected
students may be invited to attend the moot, but only
if counsel agrees to their attendance. The Institute
defers completely to counsel's wishes with regard to
this matter.
Will student participants
comment on counsel's argument?
No. Students in attendance are strictly there to observe.
If, however, counsel desires student input, he or she
may solicit their responses. Again, the Institute defers
completely to counsel's wishes with regard to this matter.
Who are the "Justices"?
The "Justices" for the moots are typically drawn from a mix
of backgrounds, including members of the Georgetown Law faculty
with considerable experience arguing before the Court; attorneys
from D.C. firms with Supreme Court oral argument experience;
recent Supreme Court law clerks (beyond, of course, the two-year
time bar); alumni of the Solicitor General's office; and, in
appropriate cases, current members of the Solicitor General's
office. The Justices, accordingly, include many of the finest
Supreme Court advocates, all of whom donate their time. (If
you are an experienced advocate with a D.C. firm and would like
to participate, please contact our office.) The Institute deliberately does not, unless requested
by the arguing counsel, regularly include attorneys employed
by organizations with a strong ideological interest in the case.
Our aim for these moots is to provide the counsel with an excellent
moot on how best to prepare for the oral argument in order to
maximize the possibility of the Court hearing an effective,
informative oral argument.
What about confidentiality?
All participants in the moots are instructed and understand
the importance of holding these moot court proceedings
in strict confidence, given the nature of the exchanges.
We have not had any problem in that regard, no doubt
because of the high quality of those whom we ask to
serve as "Justices" for the moots. Likewise, we guard
the privacy of our Justices. We appreciate their service
and in no way wish to violate their trust. Therefore,
we do not identify our Justices for specific cases to
outside sources.
What should I wear
to the moot?
Most counsel wear informal business attire, although
some dress more or less formally. There is no dress
code for the moots. What we do ask is for counsel to
stay in role throughout the formal moot court session.
What do I need
to send you?
We ask counsel to send us one full set of all the briefs,
including amicus briefs, filed on all sides of the case.
We also ask for a copy of the petition for a writ of
certiorari in all cases, but for copies of the brief
in opposition to the petition and relevant portions
of the joint appendix only in those cases where they
are necessary for the moot panel's understanding of
the case. The briefs should be sent as
soon as they are filed so we can
make the necessary copies and distribute them as early
as possible to our Justices. The reply brief should
be sent separately as soon as it has been filed. We
ask for hard copies of all the briefs but, if possible,
also like to receive electronic copies by email if counsel
has them in that form. The electronic copies speed up
our distribution process and save on our copying costs.
How do I get to
the Georgetown University Law Center?
The Law Center is located at 600 New Jersey Avenue,
NW, near Union Station. Please check our web site for
directions.
How do I get to
the U.S. Supreme Court?
The U.S. Supreme Court is located at One First Street,
NE, across First Street from the U.S. Capitol and across
East Capitol Street from the Library of Congress. The
building can be reached by subway or bus lines. The
most convenient subway stops are Capitol South on the
Orange and Blue Lines and Union Station on the Red Line.
Street Parking is extremely limited. To view a map,
click
here.
I'm an experienced
Supreme Court advocate. How can I get involved?
We are always looking for qualified attorneys to assist
as "Justices" for our moots. We are primarily interested
in attorneys in the DC area that have significant relevant
experience based on having presented oral argument before
the Court, litigated before the Court on several occasions,
or clerked for the Court. If you have such experience
and would be interested in participating in the moot
court program, you may contact us either by phone at
(202) 662-9350 or by email at supct@law.georgetown.edu.
What other activities
does the Supreme Court Institute sponsor?
In addition to the Moot Court Program, the Supreme Court
Institute offers conferences, lectures, workshops, and informal brown-bag
discussions on various Court-related matters. These
programs, which include both recent decisions and cases
pending before the Court, are broadly designed for members
of the bar, law alumni, and the general public. In addition,
each fall the Institute sponsors two annual briefings
on the Court's upcoming Term, one for the news media
and one for law school alumni.
Calendar
(2006-2007)
Contact
Information
Supreme Court Institute
Georgetown University Law Center
600 New Jersey Avenue, N.W.
Washington, DC 20001
Phone: (202)
662-9630
supct@law.georgetown.edu
Professor Steve Goldblatt and Professor Richard
Lazarus
Co-Directors
Tina Drake Zimmerman
Institute Fellow
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