The Court convenes to hear arguments during pre-designated terms throughout the year. The Court's day calendar generally contains between 20 to 30 appeals. Each case is argued or submitted in order until the calendar is concluded at which time the Court will recess.
As a convenience to counsel, litigants, members of the press, and the public, the Appellate Division, Fourth Department permits the use of portable electronic devices such as cellular telephones, laptop and tablet computers, personal digital assistants, and similar devices as follows within the Court building:
(1) In the courtroom: Inaudible use of portable electronic devices that is not distracting or disruptive of Court operations is generally permitted in the courtroom. Counsel or a litigant arguing pro se may use personal electronic devices in the courtroom, without leave of the Court, during the oral argument for his or her case to refer to notes, briefs, or the record, and to take notes during the oral argument for his or her case. Under no circumstances may a portable electronic device be used to make or receive telephone calls within the courtroom, and all other uses of portable electronic devices within the courtroom must be inaudible.
(2) Outside the courtroom: Use of portable electronic devices is generally permitted within the Court building outside the courtroom.
(3) Photography and recording prohibited: No person may use any audiovisual recording equipment, including, but not limited to, portable electronic devices, for photography or audio or video recording, transmission, or broadcasting within the Court building without the prior express consent of the Presiding Justice, the Associate Justice then-presiding, or the Clerk of the Court (see 22 NYCRR 29.2).
(4) Permission may be revoked: Any use of a portable electronic device within the Court building is subject to the authority of the Presiding Justice, the Associate Justice then-presiding, the Clerk of the Court and/or court security to prohibit activity that may be disruptive or distracting to Court operations, or that may otherwise be contrary to the administration of justice.
Parties scheduled to argue one or more cases during a court term must register a valid email address. Registration will ensure parties receive emerging information about COVID-19 protocols, important scheduling updates as well the credentials needed to participate in a remote argument session via Zoom or electronically check in.
Do not have a Registration Code? Email email@example.com
I am unavailable to attend oral argument on certain dates during the term; what should I do?
You should notify the Clerk in writing within 15 days of the date that the scheduling order was mailed of your unavailability for oral argument on a specific date or dates during the term (see 22 NYCRR 1000.15 [b]). If a scheduling conflict arises at a later time, but before a specific date for oral argument has been set, the Clerk should be notified in writing as soon as possible.
My case has been scheduled for oral argument but I am unavailable on that day; what should I do?
Once a specific date has been given for oral argument, any request to move that argument date must be made on motion. If an emergency arises that renders motion practice impracticable, the Court may consider a request submitted in letter form.
I know the Court calls its calender at 10:00 A.M., but can you estimate what time my case will actually be called so I don't have to wait too long?
No. The Clerk's Office will not estimate the time that a particular case will be called for argument. An attorney scheduled to argue shall check in with the receptionist in the Clerk's Office prior to 10:00 A.M. If counsel is not present in the courtroom when his or her case is called, the matter is deemed submitted (see 22 NYCRR 1250.15 [c]).
May I contact the Clerk’s Office in advance of my argument date and request the names of the Justices that will hear my appeal?
No. The names of the Justices on the panel will not be released until the morning of oral argument.
I requested 15 minutes for oral argument; can I reserve five minutes of that time for rebuttal?
No. Rebuttal is not permitted and no time may be reserved by counsel for the purpose of rebuttal (see 22 NYCRR 1000.15 [d]).
Even though I indicated on my brief that I was not requesting oral argument, I have changed my mind and now want time to argue my appeal. What should I do?
Send a written request to the Clerk, copying in opposing counsel.
At oral argument, I cited to the Court a recent case that was not referred to in my brief. May I submit to the Court a copy of the case after oral argument?
Yes. Post-argument submissions may be made within 5 business days of oral argument. The Court requires six copies and proof of service of one copy on the opposing party (see 22 NYCRR 1250.15 [d]; 1000.15[e]).