Continuing our discussion of oral argument tips, a careful read of the Rules of Court reveals the Appellate Division judiciously controls oral argument. Not only are appeals deemed submitted “without argument” unless a party specifically requests argument in a separate pleading, but also a 2018 amendment to Rule 2:11-1(b)(3) limits discussion to 15 minutes per party and specifies “[n]o more than two attorneys will be heard for each party in the Appellate Division.”  

There are few cases where more than one attorney argues an appeal. Yet, some matters or circumstances lend themselves to having different counsel address separate aspects at oral argument. Our discussion excludes amici appearances, as the court retains discretion on whether to even allow argument by an amicus curiae. Rather, we address the strategy of using multiple attorneys to present argument on behalf of one appellant or one respondent—an exceptional occurrence that may demand exceptional planning.

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