Rule 34 Oral Argument

(a) In General, oral argument shall be allowed in all cases unless the appellate division, after examination of the briefs and record, shall be unanimously of the opinion that oral argument its not needed. Every party shall have an opportunity to file a statement or present to the appellate divisionthe reasons why, in his opinion oral argument should be heard. Oral argument will be allowed unless:

(1) the appeal is frivolous; or

(2) the dispositive issue or set of issues has been recently authoritatively decided; or

(3) the facts and legal arguments are adequately presented in the briefs and record and the decisional process would not be significantly aided by oral argument.

(b) Notice of Argument; Postponement. The clerk shall advise all parties whether oral argument is to be heard, and if so, of the time and place therefor, and the time to be allowed each side. A request for postponement of the argument of for allowance of additional time must be made by motion filed reasonably in advance of the date for hearing.

(c) Order and Content of Argument. The appellate is entitled to open and conclude the argument. The opening argument shall include a fair statement of the case. Counsel will not be permitted to read at length from briefs, records or authorities.

(d) Cross and Separate Appeals. A cross or separate appeal shall be argued with the initial appeal at a single argument, unless the appellate division or judge thereof otherwise directs. If a case involves cross-appeal, the plaintiff in the action below shall be deemed the appellant for the purpose of this rule unless the parties otherwise agree or the appellate division or judge thereof otherwise directs. If separate appellants support the same argument, care shall be taken to avoid duplication of argument.

(e) Non-Appearance of Parties. If the appellee fails to appear to present argument, the appellate division will hear argument on behalf of the appellant, if present. If the appellant fails to appear, the appellate division may hear argument on behalf of the appellee, if his counsel is present. If neither party appears, the case will be decided on the briefs unless the appellate division shall otherwise order.

(f) Submission on Briefs. By agreement of the parties, a case may be submitted for decision on the briefs, but the appellate division or judge thereof may direct that the case be argued.

(g) Use of Physical Exhibits at Argument; Removal. If physical exhibits other than documents are to be used at the argument, counsel shall arrange to have them placed in the court room before the appellate division convenes on the date of the argument. After the argument counsel shall cause the exhibits to be removed from the court room unless the appellate division otherwise directs. If exhibits are not reclaimed by counsel within a reasonable time after notice is given by the clerk, they shall be destroyed or otherwise disposed of as the clerk shall think best.