Oral Argument and Submission on Briefs

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(b) Court's Determination Not to Hear Oral Argument. The court may determine to take a case on submission, without oral argument, in accordance with FRAP 34(a)(2). If the court decides to take a case on submission, the clerk will notify the parties. (c) Number of Counsel.

Only one counsel may argue for each party unless the court orders otherwise. (d) Time Allotments. The clerk notifies the parties of the argument time the court has allotted to each side. If there are multiple parties on the same side of an appeal, the court may require the parties to divide the time allotted to that side.

(e) Postponement of Argument. After a case has been set for oral argument, it may be postponed only by order of the court on a showing of extraordinary circumstances, and not by stipulation of the parties. Engagement of counsel in another tribunal (other than the U.S. Supreme Court) is not an extraordinary circumstance. (f) Exception.

This rule does not apply to a case placed on the Non-Argument Calendar under LR 34.2. Last modified at 12/15/2010 Site Map | Contact Us | RSS | Accessibility | Privacy Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007 | (212) 857-8500