PREHEARING CONFERENCEprehearing conference. An optional conference for the discussion of procedural and substantive matters on appeal, usu. held in complex civil, criminal, tax, and agency cases. ? Those attending are typically the attorneys involved in the case as well as a court representative such as a judge, staff attorney, or deputy clerk. Fed. R. App. P. 33. [Cases: Appeal and Error 808; Criminal Law 632(5); Federal Courts 741. C.J.S. Appeal and Error ¡ì¡ì 662¨C663; Criminal Law ¡ì¡ì 448¨C450, 458.]
¡°The prehearing conference, if held, generally is scheduled after the time for appeal and cross-appeal has passed, and as soon as it becomes apparent that the case is complex due to the legal issues, the length of the record, or the number of parties. In a complex or multiparty case, the conference provides a forum in which to discuss briefing responsibilities, timing, and handling the record and joint appendix. There may be some discussion of the amount of oral argument the parties desire and how that argument will be divided ….¡± Michael E. Tigar, Federal Appeals: Jurisdiction and Practice ¡ì 8.06, at 309¨C10 (2d ed. 1993).