So where was Fury for all this?

I think it would've been kinda difficult for him to get involve in something like this given that he was in hiding and basically had no power+influence.

With that in mind, is siding with either Stark or Rogers be something he'd be willing to do if it came down to that? It’s hard not to see that happening, and I think it’s likely that he would’ve seen Cap's point of view after all that went down with SHIELD. But ultimately, he would want to avoid dividing the team some more by picking a side or by even REFUSING to do so.

While having him pop up for even just briefly would have felt right, at the same time I think that including him in the film might've been, idk, excessive? Or perhaps, it would have been unnecessary. (I for one couldn’t have been more pleased with the final film.)

If Fury decided to let his boys sort this one out by themselves because he was away preparing for something bigger, or he simply felt he needed to stay out of this one altogether, then I can accept that.

Fury was never cast for the movie

THE WRITER'S ANSWER...

…"We called him, but he let the line blink. Primarily it felt like one too many possible opinions. We didn’t want him to take one side or the other, because that’s not his place in the universe. And then we didn’t want another, “Is he still with the government? Is he opposed to the government but supporting the government?” It got to be the potential for a lot more polemic discussion that the movie did not have room for.
He’s the guy who put it together. He’s been the sort of parent figure to the Avengers. Let the parent go away, and see if the kids can handle this. See if the kids can be who they’re supposed to be without that governing voice. Um... and they didn’t do that good of a job."

Thy were saving money. Samuel L. Jackson's contract called for limited number of movies. They had to use him where he had the most effect. To exceed that would have required negotiating a new contract and with the money these movies made that would have translated into a HUGE pay raise.

Fury has had a smaller role though since the end of Shield in Winter Soldier.

HE COULDNT SHOW UP..OTHERWISE HE WOULD HAVE SETTLED THAT SHIT.

Samuel L's performance is just fine, but Fury is such a waste of a character. They do the same thing with him in the comics too. He's introduced like some big name, everyone is like, "Wow, that's Nick Fury!" He rallies the troops and is suddenly gone; and never returns for the big fight. Happens all the time.