N.Y. Comp. Codes R. & Regs. tit. 22 § 670.20

Current through Register Vol. 46, No. 15, April 10, 2024

Section 670.20 - Oral argument

(a) Not more than 30 minutes shall be allowed for argument to each attorney who has filed a brief on:

(1) appeals from judgments, orders or decrees made after a trial or hearing;

(2) appeals from orders of the Appellate Term; and

(3) special proceedings transferred to or instituted in this court to review administrative determinations made after a hearing.

(b) Not more than 15 minutes shall be allowed for argument to each attorney who has filed a brief on all other causes except as set forth in subdivision (c) of this section.

(c) 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. Applications for permission to argue such issues shall be made at the call of the calendar on the day the cause appears on the calendar. Notice of intention to make such an application shall be given to the court and the other parties at least seven days before the cause appears on the calendar.

(d) The court, in its discretion, may deny oral argument of any cause.

(e) Where the total time requested for argument by the attorneys on each side exceeds 30 minutes on appeals under subdivision (a) of this section or 15 minutes on appeals under subdivision (b) of this section, the court may, in its discretion, reduce the argument time requested. Not more than one attorney will be heard for each brief unless, upon application made before the beginning of the argument, the court shall have granted permission to allow more than one attorney to argue. A party who has not filed a brief may not argue.

(f) In the event that any party's main brief shall fail to set forth the appropriate notations indicating that the cause is to be argued and the time required for argument (see section 670.10 -c[g][1] of this Part), the cause will be deemed to have been submitted without oral argument by that party.

(g) If any party shall have filed the main brief late and such late brief be accepted, the court or any justice may deem that the party has waived oral argument and has submitted the cause without argument.

(h) A party who originally elected to argue may notify the clerk of the intention to submit the cause without argument and need not appear on the calendar call.

(i) No briefs, letters or other communications in connection with a cause will be accepted after the argument or submission of a cause unless permission is granted by the court.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 670.20