Why do some people say לאל עורך דין during Musaph on the 2nd day of Rosh Hashanna?

Question

Art Scroll and a few other Machzorim (Nusach Ashkenaz) have a notation for the piyut לאל עורך דין on the 2nd day of Rosh Hashanna. They place in it both Shacharit with a notation saying that some congregations recite this during Musaph, instead.

I have attended shuls where I have seen both done - some do in Shacharit, others in Musaph.

What is this debate based on and why is this debate only on the 2nd day but on the first day, it seems that everyone does it during Shacharit?

Answer 1

Art Scroll siddur (Ashkenaz / Zichron Re'uven) implies that there should be a piyut before Unetaneh Tokef (It doesn't explain why this is needed, though). On the first day, there are already several piyutim there. However, on the second day, there is nothing between Avot and Unetaneh Tokef. Thus, some minhagim, move Lekel Orech Din to Musaph.

See this related question.