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Avoiding Oral Argument Scheduling Conflicts in the Appellate Division, First Department

Avoiding Oral Argument Scheduling Conflicts in the Appellate Division, First Department

Avoiding Oral Argument Scheduling Conflicts in the Appellate Division, First Department by Liza Bobo

{2:00 minutes to read} As I’ve discussed in a separate blog entry, the Appellate Division, First Department uses a calendar system to manage its docket. Under the nine month rule (600.11(a)(3), an appellant in the First Department has nine months from the date typed on the Notice of Appeal to perfect the case by filing the Record On Appeal/Appendix; Opening Brief; and Note of Issue. 

With that said, although last day of the nine months is the outside limit (without requesting an extension), you can perfect your appeal for any Calendar Term within those nine months.

When choosing the term during which you would like your case to be argued, it’s important to be aware of the deadlines to perfect and the argument dates. For example, the next term is the September Term, which has a July 10 deadline. 

Keep in mind, the First Department doesn’t hear argument during the summer, arguments start on September 5th.    

If you decide to perfect for the September Term, you should keep in mind that there are religious holidays which fall during that term (this year, Rosh Hashana—the Jewish New Year—is September 21-22). To avoid a conflict with a religious holiday (or if you’re not available for an argument for any other personal reason or reason related to another case), you could always choose to perfect for a different term. Alternatively, when you perfect, you can submit a letter to the court along with your other documents informing the court of the dates on which you are not available and the reason for your unavailability. Although there is no guaranty that the court will accommodate you, they will take your request into consideration. The same reasoning applies when choosing a term later in the year (the October through December terms). 

If you need assistance or have questions about this process, please contact us today.

Liza Bobo

 

Liza Bobo
APPELLATE INNOVATIONS

3 Barker Avenue, 2nd Floor
White Plains, NY 10601
Phone: (914) 948-2240

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