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Requesting Oral Argument from the Second Circuit Court of Appeals

Requesting Oral Argument from the Second Circuit Court of Appeals

Requesting Oral Argument from the Second Circuit Court of Appeals by Liza Bobo

{1:50 minutes to read} You are not required to make an oral argument before the Court of Appeals for the Second Circuit. However, if you would like to argue your case, then, within 14 days after the filing of the last appellee’s brief, each party must file an Oral Argument Statement Form. Failure to timely file the Oral Argument Statement Form signifies that the party does not seek oral argument, per Local Rule 34.1(a). 

The form can be found on the Second Circuit website here. You can call the Second Circuit directly to ask your case manager any questions about the process and to verify dates. The PACER system also has information about when the Joint Appendix and Briefs were filed.

Unlike oral argument requests in the Appellate Division, First Department, the request to argue a case before the Second Circuit does not have to speak for both parties, but the decision should not be taken lightly.

If an attorney requests oral argument, and the court schedules argument, but are having second thoughts about arguing the case, a motion will have to be made to forgo oral argument. This motion must be made even if the adversary agrees to let the court decide without an oral argument.

All things considered, the motion may be denied, so you really need to think about your strategy ahead of time and ask yourself some critical questions: Is the oral argument necessary? Will oral argument make or break my case?

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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