US · rules
2d Cir. R. 34.1
Oral Argument and Submission on Briefs
(a) Oral Argument Statement. Within 14 days after the filing of the last appellee’s brief,
each party must file an Oral Argument Statement Form. Failure to timely file the Oral
Argument Statement Form signifies that the party does not seek oral argument.
(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.
Provenance
- Source
- uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- 2026-09-18
- Content hash
fc854ce30b9a43ca8b258d695c79e2af002869331977f1faf25086dd06b1c4c9
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