Arguing Before the Court

Calendaring of Cases:

Upon receipt of all of Respondent's submissions, appeals/proceedings are calendared for the next available Term of Court. Written notification will be sent advising of the scheduled Term and, in cases where oral argument has been requested (or, when applicable, in instances where argument has been requested and granted by the Court), attorneys and pro se litigants are invited to advise the Clerk's Office of any scheduling conflicts that may prohibit their appearance on any given day of a Term. Every effort is made to accommodate these requests.

Those appearing for oral argument will not receive written notification of their assigned argument date. Rather, the Court's Term Calendar is posted to the website approximately four to six weeks in advance of the opening of the Term. This calendar may be found by clicking the Term Calendar link at the top of the Court's homepage and will list the cases appearing on each day of the term.

More specific information - such as the amount of time allotted for oral argument and the panel assigned to decide a case - can be found on the Session Calendar, which will be posted to the Court's website one week prior to the opening of the Term. This calendar may be found by clicking the Session Calendar link at the top of the Court's homepage and choosing the appropriate Session date. Please be advised that cases may be called out of order and, accordingly, the Court's preference is for all arguing to be present at the start of Session.

Requests to Appear Remotely for Oral Argument

The Third Department hears oral arguments in person at the Robert Abrams Building for Law and Justice in Albany. The Court encourages in-person appearances for oral argument, to the extent possible and practicable. However, in the interest of promoting access to justice, the Court may also permit remote oral arguments under certain circumstances. To request permission to appear remotely for oral argument, please email the Third Department's Clerk's Office at ad3clerksoffice@nycourts.gov as soon as your case is calendared for a term, on notice to all parties, and set forth the reason(s) that you are requesting to appear remotely.

Changes to your Appearance for Oral Argument

Please note and take seriously the Court's policy that requires notice of any calendar changes at least 24 hours prior to argument. Your failure to abide by this policy will result in action and may ultimately lead to the imposition of costs.

Images and Video Recordings

Images and video recordings of the Court's Justices on the Court's website or otherwise may not be used to advance private interests or in furtherance of any commercial purpose (see Advisory Committee on Judicial Ethics Op. 20-158; see generally 22 NYCRR 100.2 [C]; 100.4 [D] [3]).

PRIVACY NOTICE

Sensitive and Confidential Information

To protect the privacy interests of individuals in matters before the Court, and the need to protect litigants, particularly children, from harm, those persons appearing for oral argument may not disclose:

• name of a confidential witness
• an individual's Social Security number or taxpayer identification number
• date of an individual's birth
• name of an individual known to be a minor
• or a financial account number

Any person responsible for such disclosure at oral argument must report such disclosure to the receptionist immediately following argument.

Accessibility

If you have difficulty accessing court resources because of a disability, please contact Erica Putnam Little, Managing Attorney of the Clerk's Office and the Court’s designated ADA Liaison (by e-mail at AD3clerksoffice@nycourts.gov or by telephone at 518-471-4777) to request a reasonable accommodation.

ASSISTED LISTENING devices are available in the courtroom during arguments. Please see a court officer when you check in with security to access such a device.