New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter IV - Supreme Court › Subchapter B - Second Judicial Department › Article 1 - Appellate Division › Subarticle A - Rules of Practice › Part 670 - Procedure In The Appellate Division › Section 670.15 - Calendar preference; calendar notice; oral argument; post-argument submissions

Current through Register Vol. 46, No. 28,
						  July 10, 2024
(a)
Oral argument.
A maximum of 15 minutes shall be allowed for argument
							 to each attorney who has filed a brief, except as set forth in subdivision (b)
							 of this section.
(b)
Argument proscribed.
Argument is not permitted on issues involving
							 maintenance; spousal support; child support; counsel fees; the legality,
							 propriety or excessiveness of sentences; determinations made pursuant to the
							 sex offender registration act; grand jury reports; and calendar and practice
							 matters including but not limited to preferences, bills of particulars,
							 correction of pleadings, examinations before trial, physical examinations,
							 discovery of records, interrogatories, change of venue, and transfers of
							 actions to and from the Supreme Court.
(c)
Who may argue.
Not more than one attorney shall be heard for each
							 brief filed unless, upon application made in writing at least seven days before
							 the matter appears on the court's calendar, the court shall have granted
							 permission to allow more than one attorney to argue.
(d)
Adjournment of oral
						  argument.
After filing a brief and until a matter has been
							 placed on the court's calendar, counsel shall advise the court, in writing and
							 on a continuing basis, of commitments that will interfere with counsel's
							 ability to appear on a particular date. Requests for leave to adjourn oral
							 argument of an appeal or proceeding which appears on the court's calendar are
							 strongly disfavored. Such requests may be granted only where unusual
							 circumstances are present, as explained in a writing in which counsel indicates
							 why he or she cannot appear for oral argument, why no other attorney can appear
							 in his or her place, and why oral argument is necessary. Requests for leave to
							 adjourn oral argument of an appeal or proceeding are within the discretion of
							 the court.
(e)
Submission.
A party who originally elected to argue may notify
							 the clerk of the intention to submit the cause without argument and need not
							 appear at the call of the calendar.
(f)
Rebuttal.
Rebuttal argument shall not be permitted, except with
							 leave of the court given at the time of argument.
(g)
Citations to recent
						  authority.
After a cause has been placed on the calendar and
							 prior to argument or submission of that cause, any party who previously
							 submitted a brief may inform the court by letter, a copy of which is
							 contemporaneously provided to the other parties to the appeal, of the citation
							 to any decisions, statutes, ordinances, rules, regulations, or other similar
							 matter not previously cited in that party's brief which arose subsequent to the
							 filing thereof, without additional argument. Except for good cause shown, the
							 court will not accept precedent at the call of the calendar where a copy
							 thereof has not previously been given to the other parties.