New York’s Appellate Division, Second Department Issues Updated Protocols for Oral Argument Print PDF

In conjunction with its reopening of the courthouses for oral argument, New York’s Appellate Division, Second Department has issued the following protocols, beginning September 8, 2020, for parties who have filed briefs and requested oral argument:

• Parties will have the option of arguing the appeal in person or via Microsoft Teams, or waiving oral argument.
• Parties must notify the Court via email to AD2-Calendars@nycourts.gov of which option they choose at least three business days prior to the date the matter is calendared.  Otherwise, oral argument is waived, and the brief will be marked submitted without oral argument. 
• Because of courthouse restrictions, only counsel and self-represented parties who successfully requested permission to argue in person will be allowed in the courthouse.
• Counsel and self-represented parties may request permission for an assistant to accompany them, and the request will be decided within the discretion of the Court.
• These protocols apply to all locations where argument will be heard.
• If the parties do not agree as to in-person or remote argument, the Court will determine whether it will be in person or remote, or whether the appeal will be submitted without argument.

The guidance can be found at: http://www.courts.state.ny.us/courts/ad2/Notice_to_Counsel_Sept-Oct_2020_sittings.pdf