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March 26, 2020
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Operations Continue at the United States Court of Appeals for the Second Circuit -
The regular argued appeals and motions calendars continue to be heard as scheduled. As explained below, parties are expected to begin filing papers on April 6, 2020 pursuant to the Court’s March 16, 2020 order.
Document Filings and Form Deadlines - On March 16, 2020 the Second Circuit ordered a 21-day extension of time for all filings and deadlines. Filing dates set specifically by order after March 13, 2020 and the filing date for a notice of appeal or other document that confers jurisdiction on the Court were not covered by the March 16th order.
Applying the 21-day extension, filings and deadlines that were originally due between March 16 and May 17, 2020 are now due beginning April 6, 2020 and ending June 5, 2020. Absent an extraordinary circumstance, which is defined as “serious personal illness or death in counsel’s immediate family”, no additional extensions of time to file will be granted. Local Rule 27.1 (f)(1). Papers and deadlines that are due on May 18, 2020 and thereafter are due on the date specified in an order or rule. The Court does not anticipate issuing an order that further extends all filing dates and other deadlines.
Paper Copies. In the
Court’s continuing effort to
adapt its operations during
the COVID-19 pandemic, paper
copies of documents that are
otherwise required to
complete a filing will not
be required in any case
pending further order or
upon the specific request of
the Clerk. Paper copies of
documents must continue to
be served on pro se
litigants and others who are
not Filing Users as defined
in Local Rule 25.1
(a)(1)(D). Click here for
Chief Judge Robert A.
Katzmann’s order.
Papers, such as pro se
papers, petitions for
review, and petitions for a
writ seeking extraordinary
relief, that cannot be filed
in ECF, should be emailed as
follows: Pro se papers may
be emailed to
prosecases@ca2.uscourts.gov.
For new cases in which a
docketing notice has not yet
issued, opening papers may
be emailed to
newcases@ca2.uscourts.gov.
A pro se litigant who has no
access to email may send a
paper request by ordinary
mail. Papers also may be
deposited in the Court’s
Night Box, located in the
lobby of the Thurgood
Marshall United States
Courthouse, 40 Foley Square,
New York, NY.
Sealed Documents. A
party that wishes to file a
sealed document and is
unable to follow the usual
paper protocol may contact
the Clerk’s Office at
646.584.2696 and email the
sealed document to
Richard_Alcantara@ca2.uscourts.gov.
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March 19, 2020
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Oral Arguments at the Second Circuit -
The regular argued appeals and motions calendars continue to be heard as scheduled. Effective Monday, March 23, 2020 and until the COVID-19 crisis passes, the Court will hear all oral arguments using a teleconference platform. All lawyers and pro se litigants who are scheduled to argue must do so by teleconference. The Clerk’s Office will forward teleconference instructions to the lawyers and pro se litigants appearing each argument day. In the alternative, parties may request to submit the appeal for determination.
All oral arguments will be audio livestreamed. Click here for the livestream link.
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March 17, 2020
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Applications for service on CJA Panel -
The deadline for the Second Circuit’s Criminal Justice Act Panel applications is extended to 5:00 p.m. on Monday, April 27, 2020. Please refer to the announcement posted on February 10, 2020 for an application form.
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March 16, 2020
- Operations at the Second Circuit to Address COVID-19 Pandemic -
As the limitations on social interactions in public spaces continue to expand to address the spread of COVID-19, the United States Court of Appeals for the Second Circuit will remain open to fulfill its constitutional and statutory responsibilities and is adapting its operations as follows:
Oral Arguments - The regular argued appeals and motions calendars will be heard as scheduled. A lawyer or pro se litigant who is scheduled to argue and wishes to do so in person may appear at the Thurgood Marshall United States Courthouse,
40 Foley Square, New York, NY, Room 1703. In addition, the Court has established a teleconference platform for judges and persons scheduled to argue who wish to appear remotely. To arrange for an appearance by audio, a lawyer scheduled to argue should electronically file a letter request.
A pro se litigant should email the request to prosecases@ca2.uscourts.gov and call 212.857.8500. The Clerk’s Office will forward teleconference instructions to the requester.
Parties to all appeals are reminded that at the discretion of the panel any appeal that meets the standard set out in the Federal Rules of Appellate Procedure 34(a)(2) may be taken on submission.
Access to the Courthouse - Individuals who do not have business with the Court will not be admitted until further order of the Court. Individuals who seek access to the Thurgood Marshall United States Courthouse to transact business with the Court must,
in the judgment of the courthouse security officers, meet the health standards specified at the entrance to the courthouse. To preserve public access to the Court’s oral arguments, the audio of arguments will be live streamed.
Click here for the link to the live steam. Click here for Chief Judge Robert A. Katzmann’s order regarding access to the courthouse.
Filings - The national response to the pandemic will disrupt the ordinary course of all business activity, including the operation of the Judiciary. To minimize the disruption and assist the Court in managing Court business, all filing dates and other deadlines set out in the
Federal Rules of Appellate Procedure, the Court’s Local Rules and the Court’s orders are extended or tolled by 21 days, effective today through May 17, 2020. For example, a notice of appearance or scheduling notification currently due on March 18th is now due on April 8th. A brief currently due on April 15th is now due May 6th.
However, a brief due on May 20th continues to be due on May 20th.
Notwithstanding this general extension, a judge or panel may, by separate order, direct the parties to comply with a different filing date as deemed necessary in a particular case. In addition, in counseled civil cases the automatic dismissal provision in the order
that set the original filing date remains in effect.
The due date for a notice of appeal, petition for review or other document that confers jurisdiction on the Court is not affected by this order. The filing dates for those papers remain as stated in the statute or rule that confers jurisdiction.
Click here for Chief Judge Robert A. Katzmann’s Order.
Court Hours and Staffing - Though the Court continues to be open, people are encouraged to email correspondence and filings that cannot be filed in ECF. These documents include pro se papers, petitions for review, and petitions for a writ seeking extraordinary relief. Pro se papers may be emailed to
prosecases@ca2.uscourts.gov. In new cases in which a docketing notice has not yet issued, opening papers may be emailed to newcases@ca2.uscourts.gov. A pro se litigant who has no access to
email may send a paper request by ordinary mail. Papers also may be deposited in the Court’s Night Box, located in the lobby of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY.
The majority of court staff are teleworking each day. A skeletal staff will report to the Courthouse to perform tasks that cannot be done remotely. Tasks will be prioritized, but it is likely that the response to some inquiries may be delayed. The telephone numbers set out on the
Clerk’s Office Directory Screen will remain operational.
Emergency Applications - A lawyer or litigant who seeks to file a request for an emergency stay or relief that requires immediate attention shall file the request according to the directions set out in this notice and contact the Clerk of Court at 646.584.2696.
Further Updates - Because the national response to the COVID-19 pandemic continues to change, please check this website as the Court adapts its operations to conform to additional developments.
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March 9, 2020
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Second Circuit Calendars -
The regular argued appeals and motions calendars will be heard as scheduled at the United States Court of
Appeals for the Second Circuit.
A lawyer or pro se party scheduled to
argue is directed to contact the Clerk of Court at
646.584.2696 if she or he has
* visited China, Iran, Italy, Japan or South Korea within the last 14 days,
* been in close contact with a person who has visited a listed country within the last 14 days,
* been asked to self-quarantine by a health official,
* been diagnosed with COVID-19, or been in contact with a person diagnosed with COVID-19, or
* a verifiable health condition, specifically chronic lung disease, cancer, diabetes, heart disease or a weakened immune system.
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March 2, 2020
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The Legal Affairs Committee -
is accepting applications for the Second Circuit's Pro Bono Appellate Mediator Panel. The deadline is May 8, 2020. Please refer to the Court's official announcement and application materials which are available
here.
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February 28, 2020
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Applications for Second Circuit Pro Bono Panel -
The Criminal Justice Act/Pro Bono Committee is accepting applications for the Second Circuit's Pro Bono Panel. The deadline to be considered for appointment in 2020 is April 30, 2020. For the Court's official announcement click
here. The Plan for the Appointment of Pro Bono Counsel and the application form are available
click
here.
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February 10, 2020
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Applications for service on CJA Panel -
The Criminal Justice Act Committee of the United States Court of Appeals for the Second Circuit is accepting applications for service on the Court's Criminal Justice Act Panel. For announcement click
here, for application
click
here.
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November 27, 2019
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Amendments to the Federal Rules of Appellate Procedure -
On December 1, 2019, amendments to the Federal Rules of Appellate Procedure will take effect. The rules impacted are 3, 5, 13, 21, 25, 26, 26.1, 28, 32, and 39. Among the changes are the elimination of proofs of service when documents are electronically filed and the addition of new sub-sections (b) and (c) for Rule 26.1 disclosure statements.
For announcement click here.
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October 23, 2019
- Pearl Street Entrance to Thurgood Marshall U.S. Courthouse Closed -
Effective today, the Pearl Street entrance to the Thurgood Marshall U.S. Courthouse will be closed to the public to facilitate repair of the elevators. Only visitors who require wheelchair assistance or who have difficulty walking up stairs may use the Pearl Street entrance. All other visitors must use the Centre Street entrance.
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August 16, 2019
- Press Release -
Chief Judge Robert A. Katzmann has announced the appointment of Michael D. Jordan to be the Circuit Executive for the Second Circuit.
Click here to read the press release.
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June 13, 2019
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Amendment to the Local Rules of the Second Circuit -
The Court of Appeals for the Second Circuit has amended Local Rule 31.2(a)(2), effective June 13, 2019, which governs the time to file reply briefs. The time to file an Oral Argument Statement, Local Rule 34.1(a), has not been amended. Click
here for the order adopting the amendment.
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March 26, 2019
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Notice of proposed rulemaking -
By this notice and the order linked below, the Court of Appeals for the Second Circuit publishes for comment proposed amendments to
Local Rules 31.2(2) and 34.1, which govern the time to file a reply brief and an oral argument statement, respectively. The amendments
provide that a reply brief be filed within 21 days of filing the last appellee's brief and an oral argument statement be filed within
7 days of filing the last appellee's brief. Click
here
to view the Court's order inviting comment and the proposed amendment. In accordance with 28 U.S.C. § 2071(b) and Fed. R. App. P. 47(a)(1),
comments are invited on the proposed rule. Please submit comments to the Clerk of Court at 40 Foley Square, New York, NY 10007 or
rulescomments@ca2.uscourts.gov no later than April 25, 2019.
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March 11, 2019
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The Legal Affairs Committee -
is accepting applications for the Second Circuit's Pro Bono Appellate Mediator Panel. The deadline is May 1, 2019. Please refer to the Court's official announcement and application materials, which are available
here.
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February 11, 2019
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Applications for
service on CJA Panel -
The Criminal Justice
Act Committee of the United
States Court of Appeals for
the Second Circuit is
accepting applications for
service on the Court's
Criminal Justice Act Panel.
For announcement click
here, for application
click
here.
January 23, 2019
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Notice to the Bar -
Although an
appropriation or continuing
resolution funding the
operations of the federal
government, including the
United States Courts, was
not enacted by midnight
December 21, 2018 the United
States Court of Appeals for
the Second Circuit will
continue to resolve cases
and controversies as
mandated by the
Constitution. Click
here for Chief Judge Katzmann's order.
Specifically,
the Court will docket new cases, receive documents for filing,
determine motions,
hear cases on
submission and by
argument as scheduled,
and decide cases for
the duration of the
appropriations
lapse. Cases
scheduled to
be heard
during this
period will
go forward
unless the
panel for a
case directs
otherwise.
Chief Judge Katzmann has
issued an order
directing
that in
cases in
which a
party is
represented
by a lawyer
employed by
the federal
government,
the filing
requirements
specified in
the Federal
Rules of
Appellate
Procedure
and this
Court's
Local Rules
will be
tolled for
the duration
of the
lapse. The
time to file
will resume
two business
days after a budget
appropriation or
continuing
resolution
is enacted
into law.
For example, if on
December 21,
2018 ten
days had run
on a party's
time to file
a paper and
if, on
Thursday,
January 3,
2019 a
budget is
enacted, the
time to file
will resume
running at
12:01 a.m.
on Tuesday,
January 8,
2019 as the
eleventh day
in the
filing
period.
Click
here for Chief Judge Katzmann's order regarding filing deadlines.
In
cases
subject to
the order,
the
obligation
of other
parties to
comply with
the filing
requirements
of the
Federal
Rules of
Appellate
Procedure
and this
Court's
Local Rules
remains in
effect.
Pursuant to
the order,
the Court
retains
discretion
to issue
specific
directions
as may be
necessary in
particular
cases.
December 17, 2018 - Amendment to the Local Rules of the Second Circuit
- The Court of Appeals for the Second Circuit has amended Local Rule 27.1(j), effective December 17, 2018, which governs motions. Click
here for the order adopting the amendment.
October 31, 2018 - Notice of proposed rulemaking - By this notice and the order linked below, the Court of Appeals for the Second Circuit publishes for comment a proposed amendment to Local Rule 27.1, which governs motions. The amendment provides that a party in a proceeding covered by Federal Rule of Civil Procedure 5.2(c) may file a motion to abbreviate the party's name in the Court's opinion or summary order and sets the time within which such a motion must be filed. Click here to view the Court's order inviting comment and the proposed amendment. In accordance with 28 U.S.C. § 2071(b) and Fed. R. App. P. 47(a)(1), comments are invited on the proposed rule. Please submit comments to the Clerk of Court at 40 Foley Square, New York, NY 10007 or rulescomments@ca2.uscourts.gov no later than November 29, 2018.
August 10, 2018 - Chief Judge 2018 State of the Circuit Report - Click here.
August 4, 2018 - 2018 Justice For All Annual Report -
Click here to read the 2018 Justice For All annual report.
August 1, 2018 - Notice of Fee Changes - Effective September 1, 2018, the fee changes listed below will take effect pursuant to amendments to the Court of Appeals Miscellaneous Fee Schedule, issued pursuant
to 28 U.S.C. § 1913.
:
| Reproduction (documents) |
50¢ per page |
:
| Reproduction (documents) in paper form |
50¢ per page |
| Reproduction of electronic records stored outside of the court's electronic case management system, including but not limited to, document files, audio and video recordings (other than a recording of a court proceeding) |
$31 per record |
The Fee Schedule listed on the Court's website will be updated September 1, 2018, to reflect the changes.
March 8, 2018 - New Federal Law Clerk Hiring Plan - The Second Circuit is adhering to the new Federal Law Clerk Hiring Plan. Click here for the plan.
February 13, 2018 - Applications for service on CJA Panel - The Criminal Justice Act Committee of the United States Court of Appeals for the Second Circuit is accepting applications for service on the Court's Criminal Justice Act Panel. For announcement click here,
for application click here.
January 23, 2017 - Chief Judge Robert A. Katzmann has announced the unveiling of the website for Justice for All: Courts and the Community , the civic education initiative of the federal courts of the Second Circuit. Our mission is to increase public understanding of the role of the courts, and to bring courts closer to the community.
Click here for the announcement.
Announcements Archive
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