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AD2 Oral Argument Update

by | Aug 13, 2020

AD2 Oral Argument Update:

Notice to Counsel
Appellate Division, Second Judicial Department Sittings
September – October 2020

The Court has begun to publish its calendars for September 2020 and beyond.
On the scheduled dates some or all of the justices will be present in the courtroom, and
some may be participating remotely.

Beginning September 8, 2020, and until further notice, counsel and self represented

litigants who have submitted briefs on matters in which argument is
permitted under the Second Department Rules of Practice (see, 22 NYCRR 670.15[b]),
and who have properly requested argument time on their briefs, will be given the option
of presenting oral argument in person, presenting oral argument via Microsoft Teams, or
submitting. The Court must be notified of which option is chosen by e-mail to , on which all counsel and self-represented
litigants are copied, no later than three business days prior to the date on which
the matter is calendared. Failure to timely and properly notify the Court will result
in the matter being marked submitted on behalf of that counsel or selfrepresented litigant.

Please note that members of the public are not generally permitted in the Second
Department courthouse at this time, so only counsel and self-represented litigants who
have successfully requested permission to present oral argument in person will be
admitted. Such counsel and self-represented litigants may request permission to have
an assistant accompany them; such requests will be decided within the discretion of the
Court. Counsel and self-represented litigants who advise the Court in a timely manner
that they wish to present oral argument, either in person or via Microsoft Teams, will be
provided with further information by e-mail.

Counsel and self-represented litigants scheduled to be heard in locations other
than the Second Department’s Brooklyn Heights courthouse must also follow the
procedure outlined above. In the event there is a divergence of preference among the
parties in a given case, the Court will determine whether oral argument in the matter will
be presented in person or remotely, or whether the matter will be marked submitted.
Counsel and self-represented litigants will be provided with further information by email.

Please be advised that no one who (a) is subject to the Quarantine
Restrictions on Travelers arriving in New York contained in Governor Cuomo’s
Executive Order No. 205 , (b) is experiencing symptoms
associated with COVID, including fever or feeling feverish, a new cough, difficulty
breathing, a sore throat, muscle aches or body aches, vomiting or diarrhea, and
new loss of taste or smell, or (c) has tested positive, or had close contact (being
within 6 feet of an infected person for at least 15 minutes starting from two days
before that person exhibited COVID symptoms or two days prior to being tested
for asymptomatic patients) with anyone who has tested positive, for COVID in the
last 14 days, will be permitted to enter any New York State courthouse. All
persons entering any New York State courthouse will be subject to temperature checks
and COVID screening by court personnel and are required to wear a mask or facial
covering at all times, except when they are actually presenting argument to the Court,
and must comply with social distancing guidelines and the directions of members of the
Court’s Department of Public Safety.

The Court thanks you for your cooperation during these difficult times. With the
cooperation of counsel, self-represent litigants and Court staff, we can appropriately
address the challenges that lie ahead.

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