Court of Appeals Limits Oral Arguments
October 1, 2007
Author: Catherine M. Callery (Kate)| Louise M. Tarantino
Looking forward to a trip down to Foley Square in the Big Apple to show off your oral argument skills? That might not happen too often under a new rule proposed by the Court of Appeals for the Second Circuit. The Circuit is moving from a procedure under which oral argument is the default and the norm, to one where oral argument will be had only if counsel requests it, and then only if “the facts and legal arguments are [not] adequately presented in the briefs and record, and the decisional process would . . . be significantly aided by oral argument.”
According to the Court, “counsel for all parties must confer (by any convenient means) and must file, within 14 days after the due date of the last brief, a joint statement indicating whether the parties - specifying which, if fewer than all - seek oral argument, or whether the parties agree to submit the case for decision on the briefs.”
The Court amended Local Rule 34 of the Local Rules for the Court of Appeals for the Second Circuit on an interim basis, effective immediately. It proposes adopting it as a final rule after publication and comment. Any comments (presumably only in writing and without oral argument) are due by September 27, 2007.
Advocates may want to consider seriously requesting oral argument under the new rule in Social Security appeals. Veterans of Court of Appeals arguments can attest to the number to times they have seen oral arguments actually make a difference.
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