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 FRAP
AND LOCAL RULES OF THE SECOND CIRCUIT
FRAP and Local Rules (pdf format)
Local
Rules
(pdf format)
To view rules separately, click on the
corresponding link from the detailed table of contents below. Federal
Rules of Appellate Procedure are printed in blue; Local Rules and the Appendix following the rules are printed in green.
LOCAL RULES RELATING
TO THE ORGANIZATION OF THE COURT
§0.11.
Name
§0.12.
Seal
§0.13. Terms
Interim §0.14.
Quorum
§0.15. Disclosure of Interested Parties [Superceded by FRAP 26.1]
§0.16. Clerk
§0.17. Clerk's Fees
§0.18. Entry of Orders by the Clerk
§0.19. Process
§0.20. Opinions of the Court
§0.21. Library
§0.22. Judicial Conference of the Second Circuit
§0.23. Dispositions in Open Court or by Summary Order [Superceded by Second Circuit Local Rule 32.1]
§0.24. Complaints With Respect to Conduct of Judges
§0.25. Equal Access to Justice Act Fees
§0.26. Permissive Review After Appeal of a Magistrate's
Judgment to the District Court
§0.27. Certification of Questions of State Law
§0.28. Death Penalty Cases
Interim §0.29. Non-Argument Calendar
FEDERAL RULES OF APPELLATE
PROCEDURE
TITLE I. APPLICABILITY OF
RULES
Rule 1. Scope of Rules; Title
(a) Scope of Rules
(b) [Abrogated]
(c)
Title
Rule 2. Suspension of Rules
TITLE II. APPEAL FROM A JUDGMENT OR ORDER OF A DISTRICT
COURT
Rule 3. Appeal as of
Right — How Taken
(a) Filing the Notice of Appeal
(b) Joint or Consolidated Appeals
(c) Contents of the Notice of Appeal
(d) Serving the Notice of Appeal
(e) Payment of Fees
Rule 3.1. Appeal
from a Judgment of a Magistrate Judge in a Civil Case [Abrogated]
Local Rule 3(d). Mailing of Notice of Appeal by Clerks of
District Courts to Clerk of Court of Appeals
Rule 4. Appeal as of
Right — When Taken
(a) Appeal in a Civil Case
(1) Time for Filing a Notice of Appeal
(2) Filing Before Entry of Judgment
(3) Multiple Appeals
(4)
Effect of a Motion on a Notice of Appeal
(5)
Motion for Extension of Time
(6) Reopening the
Time to File an Appeal
(7) Entry
Defined
(b) Appeal in a Criminal
Case
(1) Time for Filing a Notice of Appeal
(2)
Filing Before Entry of Judgment
(3) Effect of a
Motion on a Notice of Appeal
(4) Motion for
Extension of Time
(5) Jurisdiction
(6) Entry
Defined
(c) Appeal by an Inmate Confined in an
Institution
(d) Mistaken Filing in the Court of Appeals
Local Rule 4(b).
Duties of all Retained Attorneys in Criminal Cases and all Criminal Justice
Act-appointed Attorneys; Motions for Leave to Withdraw as Counsel on Appeal
Where Retained in a Criminal Case or Appointed under Criminal Justice Act,
Duties of Appellate Counsel in the Event of
Affirmance
Rule 5. Appeal by
Permission
(a) Petition for Permission to Appeal
(b) Contents of the Petition; Answer or Cross-Petition;
Oral Argument
(c) Form of Papers; Number of
Copies
(d) Grant of Permission; Fees; Cost Bond;
Filing the Record
Rule 5.1. Appeal by
Leave under 28 U.S.C. § 636(c)(5) [Abrogated December
1, 1998]
Rule 6. Appeal in a
Bankruptcy Case from a Final Judgment, Order, or Decree of a District Court or
Bankruptcy Appellate Panel
(a) Appeal From a Judgment, Order, or Decree
of a District Court Exercising Original Jurisdiction in a Bankruptcy Case
(b) Appeal From a Judgment, Order, or Decree of a
District Court or Bankruptcy Appellate Panel Exercising Appellate
Jurisdiction in a Bankruptcy Case
(1) Applicability of Other Rules
(2) Additional
Rules
(A) Motion for rehearing
(B) The record on appeal
(C) Forwarding the record
(D) Filing the
record
Rule 7. Bond for Costs
on Appeal in a Civil Case
Rule 8. Stay or
Injunction Pending Appeal
(a) Motion for Stay
(1) Initial Motion in the District Court
(2) Motion in the Court of Appeals; Conditions on
Relief
(b) Proceeding Against a Surety
(c) Stay in a Criminal Case
Rule 9. Release in a
Criminal Case
(a) Release Before Judgment of Conviction
(b) Release After Judgment of Conviction
(c) Criteria for Release
Local Rule 9.
Release in Criminal Cases
Rule 10. The Record
on Appeal
(a) Composition of the Record on Appeal
(b) The Transcript of
Proceedings
(1) Appellant’s Duty to Order
(2) Unsupported Finding or Conclusion
(3) Partial Transcript
(4)
Payment
(c) Statement of the Evidence When the Proceedings
Were Not Recorded or When a Transcript Is Unavailable
(d) Agreed Statement as the Record on Appeal
(e) Correction or Modification of the
Record
Rule 11. Forwarding
the Record
(a) Appellant’s Duty
(b)
Duties of Reporter and District Clerk
(1) Reporter’s Duty to Prepare and File a
Transcript
(2) District Clerk’s Duty to
Forward
(c) Retaining the Record Temporarily in the District
Court for Use in Preparing the Appeal
(d) [Abrogated]
(e) Retaining
the Record by Court Order
(f) Retaining Parts of the
Record in the District Court by Stipulation of the Parties
(g) Record for a Preliminary Motion in the Court of
Appeals
Local Rule 11. Exhibits
Rule 12. Docketing
the Appeal; Filing a Representation Statement; Filing the
Record
(a) Docketing the Appeal
(b)
Filing a Representation Statement
(c) Filing the
Record, Partial Record, or Certificate
Interim Local Rule 12.1.
Acknowledgment and Notice of Appearance in All Appeals
TITLE III. REVIEW OF A DECISION
OF THE UNITED STATES TAX COURT
Rule 13.
Review of a Decision of the Tax Court
(a) How Obtained; Time for Filing Notice of
Appeal
(b) Notice of Appeal; How Filed
(c) Contents of the Notice of Appeal; Service; Effect
of Filing and Service
(d) The Record on Appeal;
Forwarding; Filing
Rule 14.
Applicability of Other Rules to the Review of a Tax Court
Decision
TITLE IV.
REVIEW OR ENFORCEMENT OF AN ORDER OF AN ADMINISTRATIVE AGENCY, BOARD,
COMMISSION, OR OFFICER
Rule 15.
Review or Enforcement of an Agency Order — How Obtained;
Intervention
(a) Petition for Review; Joint Petition
(b) Application or Cross-Application to Enforce an
Order; Answer; Default
(c) Service of the Petition
or Application
(d) Intervention
(e) Payment of Fees
Local Rule 15.
Application by National Labor Relations Board For Enforcement of
Order
Rule 15.1.
Briefs and Oral Argument in a National Labor Relations Board
Proceeding
Rule 16. The
Record on Review or Enforcement
(a) Composition of the Record
(b) Omissions From or Misstatements in the
Record
Rule 17.
Filing the Record
(a) Agency to File; Time for Filing; Notice of
Filing
(b) Filing — What
Constitutes
Rule 18. Stay
Pending Review
(a) Motion for a Stay
(1) Initial Motion Before the Agency
(2) Motion in the Court of
Appeals
(b) Bond
Rule 19.
Settlement of a Judgment Enforcing an Agency Order in Part
Rule 20.
Applicability of Rules to the Review or Enforcement of an Agency
Order
TITLE V. EXTRAORDINARY
WRITS
Rule 21. Writs
of Mandamus and Prohibition, and Other Extraordinary Writs
(a) Mandamus or Prohibition to a Court: Petition,
Filing, Service, and Docketing
(b) Denial; Order
Directing Answer; Briefs; Precedence
(c) Other
Extraordinary Writs
(d) Form of Papers; Number of
Copies
Local Rule 21. Petitions for Writs of
Mandamus and Prohibition
(a) Caption
(b) Number of
Copies
TITLE VI. HABEAS
CORPUS; PROCEEDINGS IN FORMA PAUPERIS
Rule 22. Habeas
Corpus and Section 2255 Proceedings
(a) Application for the Original Writ
(b) Certificate of Appealability
Local Rule 22.
Certificate of Appealability
(a) Prompt Application and Contents of Motion
(b)
Time for Filing Appellant's Brief
Rule 23.
Custody or Release of a Prisoner in a Habeas Corpus
Proceeding
(a) Transfer of Custody Pending Review
(b) Detention or Release Pending Review of Decision Not
to Release
(c) Release Pending Review of Decision
Ordering Release
(d) Modification of the Initial
Order on Custody
Rule 24.
Proceeding In Forma Pauperis
(a) Leave to Proceed In Forma
Pauperis
(1) Motion in the District Court
(2) Action on the Motion
(3)
Prior Approval
(4) Notice of District Court’s
Denial
(5) Motion in the Court of
Appeals
(b) Leave to Proceed In Forma Pauperis on Appeal or
Review of an Administrative-Agency Proceeding
(c)
Leave to Use Original Record
TITLE VII. GENERAL PROVISIONS
Rule 25. Filing and
Service
(a) Filing
(1) Filing with the Clerk
(2) Filing: Method and
Timeliness
(A) In general
(B) A
brief or appendix
(C) Inmate filing
(D) Electronic
filing
(3) Filing a Motion with a Judge
(4) Clerk’s Refusal of
Documents
(5) Privacy Protection
(b) Service of All Papers Required
(c) Manner of Service
(d) Proof
of Service
(e) Number of
Copies
Interim Local Rule 25.1. Filing and Service
(a) Document in Digital Format
1. Documents Defined
2. Submission Requirement
3. Submission of Documents
4. Content
5. Time for Filing
6. Virus Protection
7. Corrections
8. Email Service
(b) Documents in Other Formats
1. Filing Requirement
Interim Local Rule 25.2. Appendix on CD-ROM
Rule 26. Computing
and Extending Time
(a) Computing Time
(b)
Extending Time
(c) Additional Time after
Service
Rule 26.1.
Corporate Disclosure Statement
(a) Who Must File
(b) Time
for Filing; Supplemental Filing
(c) Number of
Copies
Rule 27.
Motions
(a) In General
(1) Application for Relief
(2) Contents of a
Motion
(A) Grounds and relief sought
(B) Accompanying documents
(C) Documents barred or not
required
(3) Response
(A) Time to file
(B)
Request for affirmative
relief
(4) Reply to
Response
(b) Disposition of a Motion for a Procedural
Order
(c) Power of a Single Judge to Entertain a
Motion
(d) Form of Papers; Page Limits; and Number
of Copies
(1) Format
(A) Reproduction
(B)
Cover
(C) Binding
(D)
Paper size, line spacing, and
margins
(E) Typeface and Type Styles
(2) Page Limits
(3) Number
of Copies
(e) Oral Argument
Local Rule 27.
Motions
(a) Form of Notice of Motion and Supporting Papers
for Motions and Opposition Statements
1) Form of Motion
2) Non-Compliance Sanctions
(b) Motions to Be Heard at Regular Sessions of the
Court
(c) Motions to Be Heard by a Panel Which Has
Rendered a Decision
(d) Pro Se Motions by
Incarcerated Prisoners Under 28 U.S.C. §§ 2253 and 2255
(e) Motions for Leave to Appeal
(f) Motions to Be Determined by a Single Judge
(g) Motions for Permission to File Briefs Exceeding
Size Provided by Rule 28(g)
(h) Other Motions
(i) Suggestions for In Banc Consideration of a
Motion
(j) Motions by Pro Se
Appellant
in Civil Appeals (including Habeas Corpus)
Rule 28.
Briefs
(a) Appellant’s Brief
(b)
Appellee’s Brief
(c) Reply Brief
(d) References to Parties
(e)
References to the Record
(f) Reproduction of
Statutes, Rules, Regulations, etc
(g) [Reserved]
(h) [Deleted]
(i) Briefs in a Case
Involving Multiple Appellants or Appellees
(j)
Citation of Supplemental Authorities
Local Rule 28.
Briefs
Rule 28.1. Cross Appeal
(a) Applicability
(b)
Designation of Appellant
(c) Briefs
(1) Appellant's Principal Brief
(2) Appellee's Principal and Response Brief
(3) Appellant's Response and Reply Brief
(4) Appellee's Reply Brief
(5) No Further Briefs
(d) Cover
(e) Length
(1) Page Limitation
(2) Type-Volume Limitation
(3) Certificate of Compliance
(f) Time to Serve and File a Brief
Rule 29. Brief of an
Amicus Curiae
(a) When Permitted
(b)
Motion for Leave to File
(c) Contents and Form
(d) Length
(e) Time for
Filing
(f) Reply Brief
(g)
Oral Argument
Interim Local Rule 29. Brief of an Amicus
Curiae
Rule 30. Appendix to
the Briefs
(a) Appellant’s
Responsibility
(1) Contents of the Appendix
(2) Excluded Material
(3)
Time to File; Number of Copies
(b) All Parties’
Responsibilities
(1) Determining the Contents of the Appendix
(2) Costs of
Appendix
(c) Deferred Appendix
(1) Deferral Until After Briefs Are Filed
(2) References to the
Record
(d) Format of the Appendix
(e) Reproduction of Exhibits
(f) Appeal on the Original Record Without an
Appendix
Local Rule 30.
Appendix
(a) Deferred Appendix
(b)
Original Record
(c) Index for Exhibits
(d) Notice of
Appeal
Rule 31. Serving and
Filing Briefs
(a) Time to Serve and File a Brief
(b) Number of Copies
(c)
Consequence of Failure to File
Local Rule 31. Number of Copies
of Brief to be Filed with Clerk
Rule 32. Form of
Briefs, Appendices, and Other Papers
(a) Form of Brief
(1) Reproduction
(2) Cover
(3) Binding
(4) Paper Size, Line Spacing, and Margins
(5) Typeface
(6) Type Styles
(7) Length
(A) Page limitation
(B) Type-volume limitation
(C) Certificate of Compliance
(b) Form of Appendix
(c) Form of Other Papers
(1) Motions
(2) Other Papers
(d) Signature
(e) Local
Variation
Local Rule 32. Briefs
and Appendix
(a) Form of Brief
(b) Form of Appendix
(c) Covers
(d) Special Appendix
(1) Contents of the Special Appendix
(2) Form of the Special Appendix
Rule 32.1. Citing Judicial Dispositions
(a) Citation Permitted
(b) Copies Required
Local Rule 32.1.
Dispositions by Summary Order
(a) Use of Summary Orders
(b) Precedential Effect of Summary Order
(c)
Citation of Summary Orders
(d) Legend
Rule 33. Appeal
Conferences
Rule 34. Oral
Argument
(a) In General
(1) Party’s Statement
(2)
Standards
(b) Notice of Argument; Postponement
(c) Order and Contents of Argument
(d) Cross-Appeals and Separate Appeals
(e) Nonappearance of a Party
(f) Submission on Briefs
(g)
Use of Physical Exhibits at Argument; Removal
Interim Local Rule 34. Oral
Argument
(a) Party's Statement and Submission on Briefs
(1) Request for Oral Argument
(2) Counseled Appeals
(3) Pro Se Appeals
(b) Determination by
Court Not to Hear Oral Argument
(c) Number of Counsel
(d) Time
Allotments
(e) Postponement of Argument
Rule 35. En Banc
Determination
(a) When Hearing or Rehearing En Banc May Be
Ordered
(b) Petition for Hearing or Rehearing En
Banc
(c) Time for Petition for Hearing or Rehearing
En Banc
(d) Number of Copies
(e) Response
(f) Call for a
Vote
Interim Local
Rule 35. En Banc Procedure
(a)
Copy of Opinion or Summary Order Required
(b)
Judges Eligible to Request an En Banc Poll
(c)
Determination of Majority for Ordering En Banc Consideration
(d)
Procedure After Amendment of Court Ruling
Rule 36. Entry of
Judgment; Notice
(a) Entry
(b)
Notice
Rule 37. Interest on
Judgment
(a) When the Court Affirms
(b) When the Court Reverses
Rule 38. Frivolous
Appeal — Damages and Costs
Local Rule 38.
Other Sanctions for Delay
Rule 39.
Costs
(a) Against Whom Assessed
(b) Costs For and Against the United States
(c) Costs of Copies
(d) Bill of
Costs: Objections; Insertion in Mandate
(e) Costs on
Appeal Taxable in the District Court
Local Rule 39.
Costs
Rule 40. Petition
for Panel Rehearing
(a) Time to File; Contents; Answer; Action by the
Court if Granted
(1) Time
(2) Contents
(3) Answer
(4) Action by the
Court
(b) Form of Petition; Length
Interim Local Rule 40.
Panel Rehearing Procedure
(a) Copy of Opinion
or Summary Order Required
(b)
Procedure After Amendment of Court Ruling
(c)
Sanctions
Rule 41. Mandate:
Contents; Issuance and Effective Date; Stay
( a) Contents
(b) When
Issued
(c) Effective Date
(d) Staying the Mandate
(1) On Petition for Rehearing or Motion
(2) Pending Petition for Certiorari
Local Rule 41.
Issuance of Mandate
Rule 42. Voluntary
Dismissal
(a) Dismissal in the District Court
(b) Dismissal in the Court of
Appeals
Rule 43.
Substitution of Parties
(a) Death of a Party
(1) After Notice of Appeal Is Filed
(2) Before Notice of Appeal Is Filed — Potential
Appellant
(3) Before Notice of Appeal Is Filed —
Potential Appellee
(b) Substitution for a Reason Other Than Death
(c) Public Officer: Identification;
Substitution
(1) Identification of Party
(2) Automatic Substitution of
Officeholder
Rule 44. Case
Involving a Constitutional Question When the United States or
the Relevant State Is Not a Party
(a) Constitutional Challenge to Federal Statute
(b) Constitutional Challenge to State Statute
Rule 45. Clerk’s
Duties
(a) General Provisions
(1) Qualifications
(2)
When Court Is Open
(b) Records
(1) The Docket
(2)
Calendar
(3) Other
Records
(c) Notice of an Order or Judgment
(d) Custody of Records and
Papers
Rule 46.
Attorneys
(a) Admission to the Bar
(1) Eligibility
(2)
Application
(3) Admission
Procedures
(b) Suspension or
Disbarment
(1) Standard
(2)
Procedure
(3)
Order
(c) Discipline
Interim Local Rule 46.1.
Attorney Admission and Discipline
(a) Admission Requirements; Procedures
(b) Change in Contact Information
(c) Fees
(d) Pro Hac Vice Admission
(e) Appearance and Argument by Eligible Law Students
(f) Suspension or Disbarment
(g) Attorneys Convicted of Crime
(h) Committee on Admissions and Grievances
Rule 47. Local Rules
by Courts of Appeals
(a) Local Rules
(b)
Procedure When There Is No Controlling Law
Rule 48.
Masters
(a) Appointment; Powers
(b)
Compensation
APPENDIX
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©
copyright 2007
US Court of Appeals
for the Second Circuit.
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