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2d Cir. R. 34.1

Oral Argument and Submission on Briefs

activein force · 2024-12-02 – presentact-effective-date

(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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