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How Does One Change the Arguing Attorney in AD1 and AD2?

by | Feb 22, 2018

Oral argument may be requested in both AD1 and AD2. They each have their own method of requesting time.
Similarly, each have their protocol when the arguing attorney is not able to argue the appeal and is
requesting another counsel to argue in his/her place.

When requesting a different counsel to argue in the Appellate Division, First Department from the one
stated on the cover, one must submit a letter to the Court stating the name of the attorney who will now be
arguing the appeal. The name of the new counsel arguing the matter must be placed on each copy
of the brief(s) that have been filed with the Court. This should be done as soon as it is clear that
the original counsel will not be able to argue the case, but the Court will allow you to make the
change up until thirty (30) minutes before oral argument is to be heard.

The Second Department has a more relaxed approach as to who, in the end, will argue the appeal
before them. In AD2, you may send them a letter advising that new counsel will appear for oral argument,
if time permits. Otherwise, this Court will allow new counsel to argue the appeal as long as
he/she advises the Court on the day of oral argument prior to the commencement of the calendar call.

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