REBUTTAL
rebuttal,n.1. In-court contradiction of an adverse party’s evidence. 2. The time given to a
party to present contradictory evidence or arguments. Cf. CASE-IN-CHIEF. [Cases: Criminal Law
683; Federal Civil Procedure 2015; Trial 62. C.J.S. Criminal Law § 1219; Trial § 195.]
“Rebuttal is the hardest argument to make in any court. In the Supreme Court and in most
courts of appeals, petitioner has to work hard to save any time at all for rebuttal. In the Supreme
Court, rebuttal time comes directly out of the 30 minutes allotted to petitioner’s side and, if the
justices keep asking questions that use up petitioner’s time, the case is submitted without rebuttal.
Many courts of appeals permit counsel to reserve time for rebuttal, either through the clerk in
advance of the argument or at the beginning of the argument itself. It is the rare court of appeals
panel that does not permit counsel at least one minute of rebuttal, even when counsel’s time has
expired.” David C. Frederick, Supreme Court and Appellate Advocacy § 7.3, at 178 (2003)
(dealing only with oral rebuttals on appeal).
- The arguments contained in a reply brief. See reply brief under BRIEF. [Blacks Law 8th]