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New Oral Argument Protocol at the First Department

On August 17, 2020, the Appellate Division, First Department announced that starting in the September term, and continuing until further notice, it will hold oral arguments both in-person at the courthouse and remotely via Microsoft Teams.  In-person oral arguments will be held on Wednesdays and remote oral arguments will be held on Tuesdays, Thursdays, and Fridays. 

Requests for oral arguments must be made one week prior to the calendar date in all matters by emailing the request to the court, as well as any adversaries, together with a completed notice of appearance.  Failure to submit a timely request will result in the matter being heard on submission.

For in-person oral arguments, only counsel and self-represented litigants will be permitted to enter the courthouse, and the arguments will be livestreamed on the Court’s website.  Those who enter the courthouse will be subject to COVID-19 screening and temperature checks, and will be required to wear masks and comply with social distancing guidelines.

The requirement that hard copies of records, appendices, briefs and motions be filed remains suspended until further notice.  Practitioners are encouraged to consult the First Department’s website for the latest procedures.

By Jeff Kinkle, Ph.D. and Stephen P. Younger