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How Much Time Should You Reserve for Rebuttal in the CAV?

By Jay O'Keeffe on October 17, 2025
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Obviously, the answer is going to vary by case.But as a default, I’ve settled on four minutes. Here’s why:

  • In my experience, most panels that eat into your rebuttal time in your opening give that time back in your rebuttal. I haven’t done a systematic study of this, but I’m fairly confident in the anecdata–confident enough that if the panel didn’t give me the time back in rebuttal, I would take that as a signal.
  • I rarely use (or want) more than four minutes for rebuttal in a 15-minute argument, and I’m usually fine with less.
  • If my opening is going well–that is, if I’m getting questions and the Court seems to understand/accept my arguments–I can always sit down early.
  • If the argument is tough and I am making progress, I can confidently use some of my rebuttal time knowing that (1) I’ll likely get it added back and (2) I can make do with less if necessary. The willingness to risk someone my rebuttal, I think, probably signals to the Court that I am taking their questions seriously and am engaged. Also, I might wind up getting more time than the appellee, which is always nice.
  • If I draw a cold or completely hostile bench and don’t feel that I’m making progress, I have a face-saving excuse for sitting down at 10-11 minutes.
Photo of Jay O'Keeffe Jay O'Keeffe

Jay focuses his practice on appellate litigation and consumer-protection law. He has briefed or argued dozens of cases before the Supreme Court of Virginia, the United States Court of Appeals for the Fourth Circuit, and the Court of Appeals of Virginia. He also…

Jay focuses his practice on appellate litigation and consumer-protection law. He has briefed or argued dozens of cases before the Supreme Court of Virginia, the United States Court of Appeals for the Fourth Circuit, and the Court of Appeals of Virginia. He also teaches Federal Litigation at UVA law school.

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  • Posted in:
    Appellate and Supreme Court
  • Blog:
    De Novo
  • Organization:
    MichieHamlett
  • Article: View Original Source

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