Oral Arguments Calendar

I am unavailable to attend oral argument on certain dates during the term; what should I do?

You should notify the Clerk in writing within 15 days of the date that the scheduling order was mailed of your unavailability for oral argument on a specific date or dates during the term (see 22 NYCRR 1000.15 [b]). If a scheduling conflict arises at a later time, but before a specific date for oral argument has been set, the Clerk should be notified in writing as soon as possible.

My case has been scheduled for oral argument but I am unavailable on that day; what should I do?

Once a specific date has been given for oral argument, any request to move that argument date must be made on motion. If an emergency arises that renders motion practice impracticable, the Court may consider a request submitted in letter form.

I know the Court calls its calender at 10:00 A.M., but can you estimate what time my case will actually be called so I don't have to wait too long?

No. The Clerk's Office will not estimate the time that a particular case will be called for argument. An attorney scheduled to argue shall check in with the receptionist in the Clerk's Office prior to 10:00 A.M. If counsel is not present in the courtroom when his or her case is called, the matter is deemed submitted (see 22 NYCRR 1250.15 [c][4]).

May I contact the Clerk’s Office in advance of my argument date and request the names of the Justices that will hear my appeal?

No. The names of the Justices on the panel will not be released until the morning of oral argument.

I requested 15 minutes for oral argument; can I reserve five minutes of that time for rebuttal?

No. Rebuttal is not permitted and no time may be reserved by counsel for the purpose of rebuttal (see 22 NYCRR 1000.15 [d][3]).

Even though I indicated on my brief that I was not requesting oral argument, I have changed my mind and now want time to argue my appeal. What should I do?

Send a written request to the Clerk, copying in opposing counsel.

At oral argument, I cited to the Court a recent case that was not referred to in my brief. May I submit to the Court a copy of the case after oral argument?

Yes. Post-argument submissions may be made within 5 business days of oral argument. The Court requires six copies and proof of service of one copy on the opposing party (see 22 NYCRR 1250.15 [d]; 1000.15[e]).