Postponing an appellate oral argument can be difficult or easy, depending on the circumstances. Because few resources exist on this subject, perhaps several experiences in this regard from my own appellate practice may prove useful and informative to others.
The U.S. Court of Appeals for the Third Circuit uses a three-step process for scheduling the oral argument of an appeal. First, the Clerk’s Office sends notices via email to all counsel inquiring about their availability during various upcoming oral argument weeks. If counsel is unavailable for any of the potential argument dates, the attorney can file a letter with the court so advising. At this earliest stage of the process, the Third Circuit is merely seeking to find a date mutually available for all counsel.
