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Friday, June 22, 2012

Ind Courts - So how important are oral arguments? Supreme Court cites video of oral argument

Yesterday's Supreme Court decision in Indiana Department of Revenue v. United Parcel Service, Inc. twice cited statements from the oral argument. Here from the top of p. 4:

As UPS declared at oral argument, it ultimately desired to bear its own risks for worker’s compensation and package damage losses. Oral Arg. Video Tr. at 26:02-26:40. And UPS accomplished this end through the reinsurance arrangement with its Affiliates. Oral Arg. Video Tr. at 26:02-26:40.
A search of Court's website for Supreme, Appellate and Tax Court opinions reveals no other citations to "Oral Arg. Video Tr." and only a few citations to "Oral Arg. Tr." It turns out these are all from 1998-2000 Tax Court decisions. A Lexis search turned up the same cases, plus a half-dozen Tax Court opinions from 2005 with citations to the "Oral Arg. Tr."

Apparently, the Tax Court keeps a transcript of its oral arguments. In addition, recently the Tax Court has begun to videocast at least some of its oral arguments, which are then archived.

I have been told that the Court of Appeals does not create or keep transcripts of its oral arguments. Within the past few years, some its oral arguments, those that take place in the COA or Supreme Court chambers, have been videocast and archived.

I don't know that transcripts are made of arguments before the Supreme Court, or if they were made in the past. With rare exception, however, all of its oral arguments are videocast, and the archives go back to 2001.

Posted by Marcia Oddi on June 22, 2012 10:02 AM
Posted to Ind. Sup.Ct. Decisions