Rule 4. Hearing on Petitions
Effective January 1, 2021
(A) Scheduling of Hearing.
The Supreme Court may set a petition or emergency writ petition for hearing.
(B) Nature of Hearing.
The hearing on the application is only upon the record of the proceedings in the respondent court. No testimonial or documentary evidence shall be offered or received at the hearing.
(C) Procedure for Hearings.
A party is not obligated to use all of the allowed time, and the court may terminate the arguments whenever in its judgment further argument is unnecessary. Appearance by the respondent judge or the judge's counsel is not necessary; the party opposing the Relator in the trial court may oppose the original action application. In the event the respondent judge or the judge's counsel appear, the respondent judge or the judge's counsel shall be given an opportunity to speak regardless of whether others opposing the original action have used the time allotted to that side.
(D) Order and Content of Argument.
The Relator shall open and may conclude the argument by reserving part of the Relator's time for rebuttal before beginning the argument. The parties will not be permitted to read at length from the record of the proceedings, briefs, or authorities during oral argument.