Virtually all writers on appellate practice stress the importance of oral argument. Just as trial attorneys would not consider passing up the opportunity to make a closing argument to the jury, appellate counsel should avail themselves of this important vehicle for persuading the court. Oral argument provides the last and best chance to answer any questions the briefs may have raised in the minds of the judges. Since the judges usually conference the case shortly after the argument, impressions gained during the argument will be fresh in their minds. The default should almost always be to opt for oral argument in cases where the court rules permit it.

First, some mechanics. Oral argument in the Court of Appeals is governed by Section 500.18 of the court’s Rules of Practice. Oral argument in the Appellate Division is governed by Section 1250.15 of the Practice Rules of the Appellate Division (the Uniform Rules). In addition, each Department has promulgated its own local rules pertaining to oral argument that supplement the Uniform Rules (see §§600.15 [First], 670.15 [Second], 850.15 [Third] and 1000.15 [Fourth]) (the Local Rules).

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