Skip to main content

En Banc Institute

 

We are the first program of its kind that specifically prepares advocates appearing before an en banc court. 

 

A moot is a dress rehearsal for advocates, and offers an excellent opportunity for advocates to test their arguments and strategies and receive guidance on judicial process and procedure in advance of argument.

The Appellate Advocacy Center offers its moot courts as a service to interested advocates scheduled to appear before an en banc appellate court or the U.S. Supreme Court.  Although other law schools have  moot programs that focus on Supreme Court practice, we are the only law school in the country dedicated to en banc arguments.

These advocates practice their arguments before a panel of judges, comprised of Northwestern Law faculty, Appellate Advocacy Center alumni, and appellate practitioners within the Chicagoland area.  These “judges” have clerked at a variety of federal district and circuit courts, as well as the U.S. Supreme Court.

For those interested in participating in the moot program or attending a moot, below are some common questions and answers for reference.

 

Why focus on en banc cases?

En banc cases often set the law for millions of Americans for many years, given the slim likelihood of certiorari in any given case or subject matter.  Moreover, unlike the Supreme Court bar, which is generally replete with repeat players familiar with appellate process and procedure, en banc cases involve practitioners from a variety of backgrounds.   Our deep network, of faculty, alumni, and other practitioners, help provide critical assistance to en banc participants.

 

Do you also moot Supreme Court cases? 

Yes, on a case-to-case basis and depending upon availability.  We have extensive experience with such moots; during the 2021-2022 academic year, we preparing counsel for argument in Brown v. Davenport (20-826), Shinn v. Ramirez (20-1009), Ramirez v. Collier (21-5592), United States v. Taylor (20-1459), and Golan v. Saada (20-1034).  In total, since our inception, we have mooted more than 60 attorneys preparing to appear before the Supreme Court.

 

How are moots scheduled?

Moots are scheduled on a first-come, first-serve basis.  We work with individual counsel to find an amenable time and format (virtual or in-person).  For preparation purposes, advocates should contact Xiao Wang (x.wang@law.northwestern.edu) at least four weeks in advance of their proposed moot date.

 

Who are the mooting Judges and how can I participate as a Judge? 

Jfor the moot program include doctrinal and clinical faculty from Northwestern Pritzker School of Law, appellate practitioners within the Chicagoland area, alumni of the Appellate Advocacy Center, and attorneys in Sidley Austin LLP’s Supreme Court and Appellate practice group.  Of note, our alumni have clerked the Supreme Court, every single circuit court of appeal, and dozens of state and federal district courts.

If you are a practitioner within the Chicago region who is interested in participating as a Judge, please contact Xiao Wang (x.wang@law.northwestern.edu).  Moot judges are eligible for CLE credit.

 

What is the format of a moot?

We are flexible with formatting, but generally we ask a third-year law student, enrolled in one of our Clinics, to prepare to stand-in as opposing counsel.  This process, we believe, helps simulate the cadence of the actual argument, rather than having an advocate start “cold.”

During the first half of the moot, we will proceed with formal questioning, and keep track of time.  The second half of the moot is an informal exchange between the advocate and the mooting Judges.  In total, each moot lasts between ninety minutes to two hours.

 

Where are the moots?

We prefer for the moots to be held in Chicago, on the Northwestern Law campus.  Typically, we will reserve the school’s moot court classroom, which simulates the dimensions of a traditional courtroom.  We are also amenable to a virtual format.

 

Can you help with travel costs?

Yes.  On a case-by-case basis, we may help with travel and lodging to Chicago.

 

Who attends the moots?

Counsel and the acting Judges attend the moots, as well as the third-year law student asked to participate as opposing counsel.  At the discretion of counsel, we may invite other Clinic students to attend and observe a moot.

 

What is the moot program’s confidentiality policy? 

We have a rule of absolute confidentiality for all matters discussed during the moot.