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Oral Argument in the Appellate Division

Rule 2:11-1(b) provides that appeals in the Appellate Division shall be submitted without oral argument unless argument is requested within 14 days after service of the respondent's brief or is so ordered by the court. Timely requests must be made by way of a separate captioned paper filed with the Clerk's office.

An attorney not requesting oral argument, relying on the request of another, will forego, except by way of a motion, the opportunity to later request argument in the event the other attorney withdraws the request.

In scheduling appeals for oral argument, the Clerk's office takes into account attorneys' vacation plans and other conflicts which the Clerk's office has been apprised of prior to scheduling. To that end, it is necessary that attorneys inform and update the Clerk's office of any such plans or conflicts in any appeal in which oral argument has been requested.

Unless the Clerk's office has been kept apprised of an attorney's vacation plans or other conflict, the court will not adjourn an appeal scheduled for oral argument for such reason. In the event of such a conflict, the court will consider, on notice to all parties, an application by the attorney who requested oral argument to have the case submitted for determination on the briefs.

Sylvia B. Pressler
Presiding Judge for Administration Appellate Division

Dated: October 25, 2000

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