Howard Bashman. Courtesy photo

Upon Further Review

Whether you handle appeals regularly or infrequently, busy attorneys are bound to eventually encounter the situation where an appellate court has scheduled an oral argument for a date on which the attorney has a conflicting obligation. What remedies might be available to the attorney facing such a conflict?

Let's begin with the Pennsylvania-based intermediate appellate court that probably hears the most oral arguments of any appellate court based in Pennsylvania—the Pennsylvania Superior Court. Throughout the typical year, the Superior Court hears numerous oral arguments in Philadelphia, Harrisburg and Pittsburgh, in addition to venturing out to more exotic locations from time to time. Unlike at the U.S. Court of Appeals for the Third Circuit, where the judges assigned to decide an appeal determine whether the appeal deserves oral argument, the Superior Court allows counsel for the appellant to designate an appeal for oral argument, thereby guaranteeing that oral argument will occur.

The Superior Court does not provide advance notice to attorneys of when oral argument possibly could occur. Rather, the first notification one receives from the Superior Court regarding the scheduling of a case for appellate oral argument is of the date when and place where oral argument will occur. This notice arrives at least a month and a half before the scheduled oral argument date. Additionally, the Superior Court's oral argument notice advises attorneys that they can seek a continuance (meaning postponement) of the oral argument by filing an application for continuance within two weeks from the date of the oral argument notice.