In the Second Circuit, the request for oral argument is not presumed upon filing of the Appendix and Briefs. The rules are very specific as to the method and timing of requesting oral argument. Specifically, Local Rule 34.1(a) requires that an Oral Argument Statement be filed electronically in the same manner that all other case documents are filed via ECF. Moreover, the form must be filed within fourteen days of the filing of the last Appellee’s brief in the matter. Failure to file the form within that time frame will result in argument being waived. The form is to be completed by all counsel of Record and should indicate who will be arguing and should also list dates on which counsel will be unavailable to argue.
An attorney whose preference depends on whether other attorneys will argue should consider consulting with all other counsel before requesting argument. After the appeal has been scheduled for oral argument, a motion by counsel to forgo oral argument, even on consent, may be denied. Only attorneys admitted to practice in the Second Circuit may argue.
The Court sets the amount of argument time – generally 10 minutes or fewer. The Court will notify counsel approximately two to four weeks before the argument date. Bear in mind that adjournments are rarely granted once an argument date has been calendared. A date may only be postponed by Order of the Court on a showing of extraordinary circumstances.