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Announcements Archive

 

March 10, 2014 - Procedure for Dismissing an Appeal or Sanctioning Counsel When the Court Sets a Brief Filing Date and a Brief is Not Timely Filed - Effective April 1, 2014

 

  • In counseled agency and civil appeals, when the Court orders a petitioner or appellant’s briefing deadline pursuant to a scheduling notification submitted under Local Rule 31.2(a)(1)(A), the order will specify that the appeal is dismissed effective the due date if the brief is not filed by that date. A motion to extend the time to file the brief or to seek other relief will not toll the previously ordered filing date. See LR 27.1(f)(1); Cf. RLI Insurance Co. v. JDJ Marine, Inc., 716 F.3d 41, 43-45 (2d Cir. 2013).

  • In counseled agency and civil appeals, when the Court orders a respondent or an appellee’s briefing deadline pursuant to a scheduling notification submitted under Local Rule 31.2(a)(1)(B), the order will specify that the appeal will proceed to a merits panel for determination forthwith if the brief is not filed by the due date. Appellee will be required to file a motion for permission to file a brief and appear at oral argument. A motion to extend the time to file the brief or to seek other relief will not toll the previously ordered filing date. See LR 27.1(f)(1); Cf. RLI Insurance Co., 716 F.3d, at 43-45.

  • In counseled criminal appeals, when the Court orders a briefing deadline pursuant to a scheduling notification, the order will specify that if the brief is not timely filed, counsel may be subject to an order to show cause why a financial sanction should not be imposed under Local Rule 27.1(h) for the default.

 

March 10, 2014 - CM/ECF available - CM/ECF is now available for filing and accessing documents.

 

March 9, 2014 - CM/ECF unavailable - CM/ECF is unavailable for filing purposes or to access documents due to technical difficulties until further notice.

 

March 3, 2014 - Applications for service on Pro Bono Panel - The Criminal Justice Act/Pro Bono Committee is accepting applications for service on the Pro Bono Panel. The deadline is Friday, May 2, 2014. Please refer to the Court's official announcement here. The Plan for the Appointment of Pro Bono Counsel and the application form are available here.

 

February 3, 2014 - Notice of Court closing - By order of the Chief Judge, the United States Court of Appeals will observe Wednesday, February 12, 2014 as a Court holiday. View the order.

 

February 3, 2014 - Early closing - Due to the snow the Court of Appeals will close today, February 3, 2014, at 3:30 p.m. The Court will hear oral argument on Tuesday, February 4, 2014 at 10:00 a.m.

 

January 22, 2014 - Delayed opening - On Wednesday, January 22, 2014 oral arguments at the Court of Appeals will begin at noon, a delay of two hours due to the inclement weather.  The Court will open at 10:30 a.m.

 

January 14, 2014 - Bankruptcy Judgeship Vacancy for the Eastern District of Pennsylvania - For announcement, please click here.

 

January 7, 2014 - CLE Program at Thurgood Marshall Courthouse on January 16 - The Federal Defenders of New York, Inc. and the Second Circuit Judicial Council will present a Complimentary CLE Program, "Bail Me Out." This is a CLE Program on the Law and Practice of Release from Custody in Federal Criminal Cases. You must pre-register to attend this course on Thursday, January 16, 2014 from 1:30 p.m. to 4:30 p.m. in the Thurgood Marshall United States Courthouse, 40 Centre Street, Room 145, NY, NY. Please click here for registration information.

 

December 16, 2013 - Notice of proposed rulemaking - Please be advised that the U.S. Court of Appeals for the Second Circuit is proposing new and revised local rules to govern its practice.

 

The amendments provide generally applicable guidance as to practice before the Court as it relates to the following:

 

  • submission of sealed, oversized, and PDF documents;
  • filing requirements governing motions to reinstate an appeal dismissed for failure to timely file a brief;
  • requirements for information to be included in an Appellant's principal brief;
  • requirements governing the number of paper copies of the appendix to be submitted;
  • requirements surrounding submission of an appellee's supplemental appendix;
  • requirements surrounding reproduction costs;
  • procedures for seeking panel reconsideration or reconsideration en banc when the Court determines an appeal by issuing an order for which a FRAP 36 judgment is not entered; and
  • requirements surrounding stipulations or motions to voluntarily dismiss a criminal appeal.

 

See Fed. R. App. P. 47(a)(1).

 

In accordance with 28 U.S.C. § 2071(b) and Fed. R. App. 47(a)(1), comments are invited on the proposed rules. Please submit comments to the Clerk of Court at 40 Foley Square, New York, NY 10007 or rulescomments@ca2.uscourts.gov no later than January 15, 2014.

 

View the order inviting comment and attaching the proposed rules.

 

December 16, 2013 - Bankruptcy Judgeship Vacancy for Southern District of New York - For announcement, please click here; for application, please click here.

 

November 22, 2013 - CM/ECF Filing User Issues - Filing users experiencing any technical issue with filing documents in CM/ECF are asked to contact the Court by phone at 212-857-8654 or 212-857-8630 or by email at ecfhelpdesk@ca2.uscourts.gov. When contacting the Court, please provide specific information about the technical issue and include a screenshot showing the issue, if possible.

 

November 5, 2013 - Notice of Fee Changes - Effective December 1, 2013, 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.

 

Fee Type   Old Fee   New Fee
Notice of Appeal
  (payable to district court)
  $455   $505
Writ of Mandamus   $450   $500
Petition for Review   $450   $500
Record Retrieval (from
    Federal Records Center)
  $53   $64 (first box)
$39 (each add'l box)

 

The Fee Schedule listed on the Court's website will be updated December 1, 2013, to reflect the changes

 

October 17, 2013 - Tolling following enactment of the Continuing Resolution - On October 17, 2013, the President of the United States signed into law the Continuing Appropriations Act of 2014. Pursuant to Chief Judge Robert A. Katzmann's September 30, 2013 order tolling filing requirements during the appropriations lapse in cases in which a party is represented by a lawyer employed by the federal government, the time to file resumes running at 12:01 a.m. on Tuesday, October 22, 2013.

 

October 11, 2013 - Payment of State and Local Taxes on Vouchers Claiming Compensation for Appellate Printing Services - In a letter dated September 3, 2013, the New York State Department of Taxation and Finance granted the United States Court of Appeals for the Second Circuit an exemption from the payment of New York State and local sales tax under N.Y.S. Tax Law § 1116(a)(2), when paying appellate printers for the costs associated with the production of an appellate brief. To take advantage of this exemption, appellate printers must bill the Court of Appeals directly by voucher making no claim for New York State or local sales taxes. A copy of the letter from the New York State Department of Taxation and Finance can be found by clicking here.

 

All panel member are strongly encouraged to make their appellate printers aware of this exempt status when preparing their next appellate brief. After October 15, 2013, the Court of Appeals will not compensate appellate printers for New York State and local sales taxes.

 

Please contact Jerry Tritz at 212-857-8726 if you require further assistance.

 

September 30, 2013 - Notice to the Bar - In the event that an appropriation or continuing resolution funding the operations of the federal government, including the United States Courts, is not enacted by midnight September 30, 2013, the United States Court of Appeals for the Second Circuit will continue to resolve cases and controversies as mandated by the Constitution.

 

Specifically, the Court will docket new cases, receive documents for filing, determine motions, hear cases on submission and by argument, 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 the President signs into law a budget appropriation or continuing resolution. For example, if there is a lapse at midnight on September 30, 2013 and at that time ten days have run on the party's time to file, and if a budget is enacted on Saturday, October 5, 2013, the time to file will resume running at 12:01 a.m. on October 9, 2013 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.

 

September 21, 2013 - CM/ECF now available - Access to CM/ECF has been restored. Users can now file documents in the system and view Second Circuit CM/ECF cases in PACER.

 

September 16, 2013 - Court's website and CM/ECF unavailable Saturday, September 21, 2013 - The website for the United States Court of Appeals for the Second Circuit will not be operational Saturday, September 21, 2013, between the hours of 7:00 a.m. and approximately 6:00 p.m. CM/ECF will also be unavailable during these hours. Anyone attempting to file a document in CM/ECF or view a Second Circuit CM/ECF case in PACER will be prohibited from doing so. The Court will post a notice on its website when access has been restored.

 

September 6, 2013 - Public announcement - Request for Request for Reappointment - Bankruptcy Judge Colleen Brown - District of Vermont. For announcement, please click here.

 

September 6, 2013 - Public announcement - Request for Request for Reappointment - Bankruptcy Judge Cecelia Morris - Southern District of New York. For announcement, please click here.

 

June 27, 2013 - CM/ECF unavailable evening of July 1, 2013 - CM/ECF will be unavailable the evening of July 1, 2013, from 5:00 p.m. until approximately 8:00 p.m. for server maintenance. Please log out of the system prior to 5:00 p.m. and arrange all filings accordingly.

 

June 20, 2013 - Notice of Court closing - By order of the Chief Judge, the United States Court of Appeals will observe Friday, July 5, 2013 as a Court holiday. View the order.

 

May 10, 2013 - Opinion Related to Requests for an Extension of Time to File a Brief - Today the United States Court of Appeals for the Second Circuit issued an opinion entitled RLI Insurance Co. v. JDJ Marine, Inc., in which the Court declined to reinstate an appeal after a dismissal based on a party's failure to file a timely brief. View the opinion. All litigants are reminded that the Court does not grant a motion to extend the time to file a brief absent an extraordinary circumstance, such as serious personal illness or death in counsel's immediate family. See Second Circuit Local Rule (LR) 27.1(f). As underscored in the opinion, "the press of other business is not an 'extraordinary circumstance' justifying an extension under [the Court's] rules." In the event an extraordinary circumstance justifying an extension of time to file a brief does exist, a party must file the request to extend the filing time as soon as practicable after the extraordinary circumstance arises. See LR 27.1(f)(3).

 

April 12, 2013 - Pay.gov unavailable Saturday evening, April 13, 2013 - Pay.gov will be unavailable from 6:00 p.m. on Saturday, April 13, 2013, until approximately 2:00 a.m. on Sunday, April 14, 2013, for a version upgrade. Please plan all transactions accordingly.

 

January 23, 2013 - CM/ECF unavailable evening of January 24, 2013 - CM/ECF will be unavailable the evening of January 24, 2013, from 5:00 p.m. until approximately 7:00 p.m. for technical maintenance. Please log out of the system prior to 5:00 p.m. and arrange all filings accordingly.

 

January 18, 2013 - Notice of Court closing - By order of the Chief Judge, the United States Court of Appeals will observe Tuesday, February 12, 2013, Lincoln's Birthday, as a Court holiday. View the order.

 

January 15, 2013 - CM/ECF unavailable this evening, January 15, 2013 - CM/ECF will be unavailable this evening, January 15, 2013, 5:00 p.m. until approximately 8:00 p.m. for a server upgrade. Please log out of the system prior to 5:00 p.m. and arrange all filings accordingly.

 

January 2, 2013 - Clerk's Office Public Counter Operations During Move to 40 Foley Square - Commencing on Thursday, January 3, 2013, at 3:00 p.m. and continuing through Friday, January 4, 2013, the Clerk's Office Public Counter will return to the Thurgood Marshall U.S. Courthouse, 40 Foley Square. The Public Counter will be closed during this time. The Public Counter will resume operations on Monday, January 7, 2013, when the Thurgood Marshall U.S. Courthouse will open to the public.

 

The filing of papers due on January 3 and 4, 2013, is extended to Monday, January 7, 2013, for any pro se party who files in paper under FRAP 25. This extension does not apply to counsel or a pro se party granted permission to file electronically under Local Rule 25.1(b)(3).

 

The Clerk's Office's main number, 212-857-8500, will not be operational during the move. Any lawyer or pro se litigant who has an emergency application to file should call the Administrative Attorneys at 212-857-8530.

 

December 11, 2012 - Clerk's Office Operations During Move to 40 Foley Square - Commencing on Thursday, December 13, 2012, at 3:00 p.m. and continuing through Friday, December 14, 2012, the Clerk's Office, except for the Public Counter, will return to the Thurgood Marshall U.S. Courthouse, 40 Foley Square. Case managers and motions attorneys will not be available to respond to telephone inquiries during this time because the telephones will be out of service. CM/ECF will not be available for users to file or view documents during this time because the server will be relocated. The Clerk's Office and CM/ECF will resume operations on Monday, December 17, 2012, at 8:30 a.m.

 

The filing of papers due on December 13 and 14, 2012, is extended to Monday, December 17, 2012.

 

A lawyer or pro se litigant who has an emergency application to file should call 212-857-8500 or 646-584-2696.

 

The Court will hear oral argument on December 13 and 14, 2012, at 10:00 a.m. and 2:00 p.m. as scheduled in the Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, Ninth Floor Ceremonial Courtroom.

 

The Clerk's Office Public Counter will be open to accept paper filings and respond to inquiries in the Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, Room 370. The telephone number for the department is 212-857-8620. The Night Box, located in the Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, Worth Street entrance, will be available to receive filings.

 

The Thurgood Marshall U.S. Courthouse will remain closed to the public. Until further notice, the Court will continue to hear oral argument at the Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, and the Clerk's Office Public Counter will continue to operate from that location in Room 370.

 

November 28, 2012 - CM/ECF unavailable Sunday, December 2, 2012 - CM/ECF will be unavailable on Sunday, December 2, 2012, from 7:00 a.m. until approximately 6:00 p.m. due to electrical maintenance issues. Please arrange all filings accordingly.

 

November 9, 2012 - CM/ECF unavailable today, November 9, 2012 - CM/ECF will be unavailable from 1:00 p.m. today until midnight due to server maintenance issues. Please log out of the system prior to 1:00 p.m. and arrange all filings accordingly.

 

November 4, 2012 - Please be advised that the U.S. Court of Appeals for the Second Circuit (only) is currently unable to initiate or receive outside telephone calls at the Moynihan Courthouse.

A lawyer or litigant who seeks to file a request for an emergency stay or other relief requiring immediate attention should contact the Court at 646-584-2696.

 

November 3, 2012 - The U.S. Court of Appeals for the Second Circuit will resume normal operations on Monday, November 5, 2012.  The Court will sit in the Daniel Patrick Moynihan Courthouse to hear oral arguments.  Questions regarding the Court's sitting schedule this week, should be referred to the Clerk of Court at 646-584-2696.

 

October 31, 2012 - Order Granting Filing Extension due to Hurricane Sandy - Chief Judge Dennis Jacobs has signed an order granting a seven day extension to filers whose office is located within the geographic area affected by Hurricane Sandy. View the order.

 

October 31, 2012 - The Court of Appeals and its four administrative offices will be closed on Thursday, November 1st and Friday, November 2nd. The court is making every effort to resume court operations and oral arguments on Monday, November 5th. This resumption of operations, of course, is premised on power being restored to lower Manhattan and some means of mass transit being available.

 

October 31, 2012 - A lawyer or litigant who seeks to file a request for an emergency stay or other relief requiring immediate attention should contact the Court at: 646-584-2696.

 

October 29, 2012 - Due to Hurricane Sandy, the Court of Appeals and all Court offices will be closed on Tuesday, October 30, 2012. Oral arguments scheduled for Monday and Tuesday are suspended for these dates and will be re-scheduled at later dates. Lawyers who have emergency or time-sensitive questions may telephone 646-584-2696.

 

October 28, 2012 - Due to Hurricane Sandy, the Second Circuit Court of Appeals and all Court offices will be closed on Monday, October 29, 2012. Oral argument has been cancelled for Monday, Tuesday, and Wednesday. Updates will be posted to this website as the storm's effects become clearer.

 

October 22, 2012 - Notice of Court Closings - By separate orders of the Chief Judge, the United States Court of Appeals will observe the following days as Court holidays:

 

 

October 22, 2012 - Opinion and Notice Related to all Immigration Petitions for Review Pending in the Second Circuit - Today the United States Court of Appeals for the Second Circuit issued an opinion entitled In the Matter of Immigration Petitions for Review Pending in the United States Court of Appeals for the Second Circuit. View the opinion. The opinion describes a procedure that the Court will implement in pending immigration cases to enable any Petitioner and the Government to determine whether remand to the Board of Immigration Appeals is warranted. This notice explains how the Clerk's Office will implement the procedure.

 

On October 23, 2012, the Court will begin to issue, on a rolling basis, in all immigration cases in which a certified record on appeal has been filed, an order tolling the proceedings for a period of 90 days. At any time during the tolling period, a petitioner may move under FRAP 42(b) to dismiss the petition and remand the case to the Board of Immigration Appeals. The Court's remand order will include provisions for prompt restoration of the case to the Court's jurisdiction according to terms set out in the Court's opinion.

 

Or during the 90-day tolling period, any party may end the tolling period by filing a letter to that effect with service upon the adversary. Three business days after the Clerk of Court receives such a letter, the time for the next scheduled filing or event will begin to run.

 

If, by the close of business on the last day of the 90-day tolling period (or the next business day thereafter if the last day occurs on a weekend or holiday), neither party has requested that the tolling period end, the time for the next required filing in the case will begin to run immediately.

 

For example, if in a case the tolling order issues on November 6, 2012, and in the absence of the tolling period, the petitioner's brief would have been due 15 days later on November 21, 2012, and if the 90-day tolling period ends on February 4, 2013, the petitioner's brief is due 15 days later on February 19, 2013.

 

Any motion for an extension of time to file will be disfavored and subject to the extraordinary circumstances standard of Local Rule 27.1(f)(1).

 

If a tolling order has not issued before the deadline for a party to file a required document, such as a brief or a scheduling notification, the party obligated to act must file as previously required. The Court will not grant a motion to extend the time to file because the party expects a tolling order to issue.

 

The Court will notify the parties whenever a tolling order is entered and whenever a tolling period has ended.

 

If a case was submitted to a panel for decision at least 90 days prior to today, the panel may issue a decision at any time. Other cases submitted to a panel will not be decided until the end of the tolling period unless a party requests a decision. Cases that are awaiting placement on a calendar will not be scheduled for hearing or submission during the tolling period unless a party requests such placement.

 

October 5, 2012 - PACER, CM/ECF, and the Court's website unavailable this evening, October 5, 2012 - Please be advised that PACER, CM/ECF, and the Court's website will be unavailable this evening, October 5, 2012, between the hours of 6:00 p.m. and 8:00 p.m. due to network maintenance. CM/ECF users should arrange filings accordingly.

 

September 11, 2012 - CM/ECF unavailable Wednesday evening, September 12, 2012 - CM/ECF will be unavailable on Wednesday, September 12, 2012, from 5:00 p.m. to approximately 8:00 p.m. for a server upgrade. Please arrange all filings accordingly and log out of the server prior to 5:00 p.m.

 

September 5, 2012 - Oral argument on Friday, October 5, 2012, and Friday, October, 12, 2012 - Please be advised that pursuant to two separate July 18, 2012 Orders by Chief Judge Dennis Jacobs, the United States Court of Appeals for the Second Circuit will hold oral argument at the United States Post Office and Courthouse, 151 West Street, Rutland, Vermont on October 5, 2012, and at the New York Law School, 185 West Broadway, New York, NY on October 12, 2012. Click here for Chief Judge Jacobs' order regarding argument in Rutland, Vermont and here for Chief Judge Jacobs' order regarding argument at the New York Law School.

 

August 22, 2012 - Oral argument on Friday, September, 14, 2012 - Please be advised that pursuant to an August 21, 2012 Order by Chief Judge Dennis Jacobs, the United States Court of Appeals for the Second Circuit will hold oral argument at the Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl Street, New York, NY and the Richard C. Lee U.S. Courthouse, 141 Church Street, New Haven, CT on Friday, September 14, 2012. Click here for Chief Judge Jacobs' order.

 

July 23, 2012 - CM/ECF unavailable Wednesday evening, July 25, 2012 - CM/ECF will be unavailable on Wednesday, July 25, 2012, from 5:00 p.m. to approximately 7:00 p.m. for a server upgrade. Please arrange all filings accordingly and log out of the server prior to 5:00 p.m.

 

June 25, 2012 - CM/ECF unavailable Tuesday evening, June 26, 2012 - CM/ECF will be unavailable on Tuesday, June 26, 2012, from 5:00 p.m. to approximately 7:00 p.m. for a version upgrade. Please arrange all filings accordingly and log out of the server prior to 5:00 p.m.

 

June 6, 2012 - Java 1.7 Issues for Appellate CM/ECF Filers - PACER has announced that users who have upgraded to Java 1.7 have experienced significant docketing problems in CM/ECF 5.0, this Court's current version of the program. Please do not upgrade to Java 1.7.

A Second Circuit filer who has upgraded already can download the older version, Java 1.6, here (it is labeled Java SE Runtime Environment 6 Update 32).

See the full notice at the PACER website.

 

May 30, 2012 - CM/ECF unavailable Thursday evening, May 31, 2012 - CM/ECF will be unavailable on Thursday, May 31, 2012, from 5:00 p.m. to approximately 7:00 p.m. for a server upgrade. Please arrange all filings accordingly and log out of the server prior to 5:00 p.m.

 

May 1, 2012 - Amendments to the Local Rules of the Second Circuit - The Court of Appeals for the Second Circuit has adopted amendments to its Local Rules, effective May 1, 2012, by adding Local Rule 32.2, which sets forth disclosure requirements for a pro se party submitting a brief, appendix, or other paper drafted by an attorney, and Local Rule 46.3, which sets forth procedures applicable to an appeal from a district court attorney disciplinary order. Click here for the order adopting the amendments.

 

April 11, 2012 - Please be reminded that Local Rule 34.1 requires each party to file an Oral Argument Statement Form within 14 days of the filing of the last appellee's brief in all cases other than those placed on the Non-Argument Calendar. A party's failure to file the statement in a timely manner signifies that the party does not seek argument. Counsel are reminded that the Court does not favor a motion for permission to argue a case when counsel has defaulted on filing the statement.

 

April 11, 2012 - PACER NOTICE. Please be advised that PACER service is now restored for cases filed prior to 2010 in the United States Court of Appeals for the Second Circuit.

 

March 12, 2012 - Notice of Proposed Rulemaking - The Court of Appeals for the Second Circuit has published for comment two amendments to the Local Rules, adding Local Rule 32.2 and Local Rule 46.3. Click here to view the notice and the proposed new rules.

 

Local Rule 32.2 sets forth disclosure requirements for a pro se party submitting a brief, appendix, or other paper drafted by an attorney. Local Rule 46.3 sets forth procedures applicable to an appeal from a district court attorney disciplinary order.

 

In accordance with 28 U.S.C. § 2071(b) and Fed. R. App. P. 47(a)(1), comments are invited on this rule. Please submit comments to the Clerk of Court at rulescomments@ca2.uscourts.gov or 40 Foley Square, New York, NY 10007, no later than April 11, 2012.

 

February 15, 2012 - CM/ECF unavailable Thursday evening, February 16, 2012 - CM/ECF will be unavailable on Thursday, February 16, 2012, from 5:00 p.m. to approximately 7:00 p.m. for a security upgrade on the CM/ECF server. Please arrange all filings accordingly and log out of the system prior to 5:00 p.m.

 

January 30, 2012 - CM/ECF unavailable Wednesday evening, February 1, 2012 - CM/ECF will be unavailable on Wednesday, February 1, 2012, from 5:00 p.m. to approximately 7:00 p.m. for a server operating systems upgrade. Please arrange all filings accordingly and log out of the server prior to 5:00 p.m.

 

January 18, 2012 - Pay.gov outages - On Saturday, January 21, 2012, Pay.gov will experience an outage from 6:00 p.m. until approximately 8:00 p.m. due to a failover to its contingency site in East Rutherford, NJ. On February 4, 2012, Pay.gov will experience another outage from 6:00 p.m. until approximately 8:00 p.m. to return to its current production site in Dallas, TX. Please arrange submission of any materials involving electronic payment of fees accordingly during these times.

 

December 16, 2011 - Instructions for Submitting Electronic Payments - Instructions for submitting electronic payments in conjunction with uploading an attorney admission application and an admission-renewal application, filing petitions for review and writ petitions, and submitting records requests and other requests for which a fee is due are now available. Click here for general instructions on remitting fees electronically. More specific instructions are available by clicking on the link provided for each category below:

 

 

The Court begins using Pay.gov on January 3, 2012. See the December 7 announcement below.

 

December 7, 2011 - Adoption of Pay.gov effective January 3, 2012 - On January 3, 2012, the Court will commence using Pay.gov to accept electronic payment from counsel for various fees prescribed under 28 U.S.C. § 1913. Effective January 3, 2012, all counsel applying for admission to the Court and all counsel seeking to renew admission must submit application materials electronically through CM/ECF and remit the appropriate application fee electronically when submitting the materials. The new attorney admission application, effective January 3, 2012, is here. The new admission renewal application, also effective January 3, 2012, is here. Counsel exempt from paying the fee can indicate exemption status. An attorney seeking admission must first register with PACER to become an electronic filing user in the Second Circuit. Absent a written demonstration of undue hardship or exceptional circumstances, the Court will not accept paper copies of applications and payment by cash, check, or money order.

 

Any counsel who chooses can remit the $450.00 filing fee for a petition for review or writ petition electronically. If counsel remits the filing fee electronically, counsel must submit the petition electronically through CM/ECF. Any counsel who is not yet admitted to the Court must first register with PACER to become an electronic filing user and then immediately seek admission upon submitting the petition and paying the required fee. The Court will continue to accept cash, check, and money orders for the $450.00 filing fee. Counsel who remit the fee in any of these other manners must continue to submit the petition for review or writ petition electronically to newcases@ca2.uscourts.gov.

 

The Court will also accept electronic payment of fees associated with various requests, including record searches, CDs of oral argument, and certificates of good standing. Any counsel paying these fees electronically must be registered as an electronic filing user. Counsel who wish to remit the fee electronically can submit a request electronically through CM/ECF when paying the fee. The Court will continue to accept cash, check, and money orders for such requests.

 

December 7, 2011 - Amendments to the Local Rules of the Second Circuit - The Court of Appeals for the Second Circuit has adopted amendments to its Local Rules, effective January 3, 2012. Click here for the order adopting the amendments which primarily set forth requirements associated with the Court's acceptance of electronic payment from counsel for certain fees prescribed under 28 U.S.C. § 1913.

 

November 30, 2011 - CM/ECF unavailable Sunday, December 4, 2011. CM/ECF will be unavailable on Sunday, December 4, 2011, from 8:30 p.m. to approximately 5:00 p.m. for a version upgrade. Please arrange all filings accordingly.

 

November 18, 2011 - CM/ECF unavailable Monday evening, November 21, 2011. CM/ECF will be unavailable on Monday, November 21, 2011, from 5:00 p.m. to approximately 8:00 p.m. for a database upgrade. Please arrange all filings accordingly and log out of the server prior to 5:00 p.m.

 

November 15, 2011 - CM/ECF unavailable Thursday evening, November 17, 2011. CM/ECF will be unavailable on Thursday, November 17, 2011, from 5:00 p.m. to approximately 7:00 p.m. for a database upgrade. Please arrange all filings accordingly and log out of the server prior to the scheduled upgrade time.

 

October 25, 2011 - Notice of fee changes - Effective November 1, 2011, the miscellaneous fees charged pursuant to 28 U.S.C. § 1913 will increase. The fee changes will impact the cost of filing an application for attorney admission with the Court, as well as making various requests for records, oral argument CDs, and other Court materials. The fee for filing an appeal or petition remains unchanged. Click here to view the updated fee schedule.

 

October 21, 2011 - CM/ECF unavailable Tuesday evening, October 25, 2011 - CM/ECF will be unavailable on Tuesday, October 25, 2011, from 5:00 p.m. to approximately 8:00 p.m due to a scheduled server upgrade. Please plan all filings accordingly and log out of the server before 5:00 p.m.

 

October 6, 2011 - Added Reference Materials for Electronic Filing Users - The Court has developed additional reference materials to assist filing users in choosing the appropriate filing events in CM/ECF and selecting the proper email addresses to file documents electronically outside CM/ECF when required. Click here to view a glossary of CM/ECF filing events. The glossary includes a list of all filing events by filing category as they appear in CM/ECF. The glossary also provides common filing tasks and the appropriate CM/ECF events to choose for those tasks. Click here to view a guide to filing documents electronically by email when the electronic filing is performed outside CM/ECF. Click here to view a brief guide for avoiding the most common CM/ECF filing errors.

 

September 27, 2011 - CM/ECF server upgrade Thursday, September 29, 2011. CM/ECF will be unavailable on Thursday, September 29, 2011, from 5:00 p.m. to approximately 8:00 p.m. due to a planned firmware upgrade. Please plan all filings accordingly and log out of the server prior to the scheduled upgrade time.

 

September 23, 2011 - Amendment to Local Rules of the Second Circuit. Please be advised that the U.S. Court of Appeals for the Second Circuit has adopted Interim Local Rule 3.1, effective October 15, 2011. To view the rule, click here. Local Rule 3.1 permits a district court to effect service of the notice of appeal electronically on any counseled party when the notice of appeal is filed electronically.

 

In accordance with 28 U.S.C. § 2071(b) and Fed. R. App. P. 47(a)(1), comments are invited on this rule. Please submit comments to the Clerk of Court at 40 Foley Square, New York, NY 10007 or rulescomments@ca2.uscourts.gov by no later than October 24, 2011.

 

Sept. 6, 2011 - CM/ECF unavailable this evening. CM/ECF will be unavailable this evening from 5:00 p.m. to approximately 7:00 p.m due to a scheduled server upgrade. Please plan all filings accordingly and log out of the server before 5:00 p.m.

 

June 20, 2011 - CM/ECF server upgrade Saturday, June 25, 2011. The CM/ECF server will be unavailable this Saturday, June 25, 2011 from 9:00am to approximately 5:00pm. Please schedule all filings accordingly and log out of the server before 9:00am.

 

May 11, 2011 - CM/ECF server maintenance today, May 11, 20111. CM/ECF will be unavailable this evening from 5:00 p.m. to 7:00 p.m. for server maintenance. Please plan your filings accordingly.

 

April 19, 2011 - PACER server maintenance Friday, April 22, 2011. Due to its scheduled migration to a new service provider, PACER will be unavailable this Friday, April 22, 2011, from 6:00pm to 7:00pm. Please log out of PACER before 6:00pm.

 

April 8, 2011 - Notice: Court operations in the event of a federal government shutdown.

In the event that an appropriation or continuing resolution funding the operations of the federal government, including the United States Courts by midnight April 8, 2011, the United States Court of Appeals for the Second Circuit will continue to resolve cases and controversies as mandated by the Constitution. Specifically, the Court will docket new cases, receive documents for filing, determine motions, hear cases on submission and by argument, and decide cases for the duration of the appropriations lapse.

 

Cases scheduled to be heard the week of April 11, 2011 will go forward as the panel directs in each case. Cases scheduled to be heard during the following weeks will go forward as the panels hearing those cases may direct.

 

Chief Judge Dennis Jacobs has issued an order directing that in certain 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 the President signs into law a budget appropriation. For example, if there is a lapse at midnight on April 8, 2011 and at that time ten days have run on the party's time to file, and if a budget is enacted on Saturday, April 16, 2011, the time to file will resume running at 12:01 a.m. on April 20, 2011 as the eleventh day in the filing period. Click here for Chief Judge Jacobs' order.

 

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 remain in effect. Pursuant to the order, the Court retains discretion to issue specific directions as may be necessary in particular cases.

 

March 18, 2011 - Denial of Requests to Extend Briefing. A party must file its principal brief by the date ordered pursuant to Local Rule 31.2. Because the Court's docket is current and the Court places cases on the calendar immediately after briefing concludes, the Court discourages and will deny requests to extend briefing time absent serious personal illness or death in counsel's immediate family as stated in Local Rule 27.1(f).

 

January 14, 2011 - Roll of attorneys admitted to practice in the United States Court of Appeals for the Second Circuit.  The Court has transferred its roll of admitted attorneys to the CM/ECF database and has posted the roll to the website. The roll consists of attorneys who originally were admitted:

* before April 1, 2004 and renewed admission pursuant to LR 46.1(a); 

* after April 1, 2004 regardless of whether an attorney renewed admission.

For informational purposes the Court will continue to post on the website the roll listing attorneys admitted between January 1, 1985 and December 31, 2010. This "Archived Roll of Admitted Attorneys" will assist, in particular, an attorney who wishes to track a pre-April 1, 2004 admission date but has not yet renewed admission. If an attorney admitted between April 1, 2004, and December 31, 2010, does not see his/her name in the CM/ECF database but does see his/her name on the Archived Roll, please contact Admissions at 212-857-8640.

Pursuant to LR 46.1(a), an attorney who was admitted prior to January 14, 2006, and has not renewed admission is now considered in inactive status. After 12 months in inactive status, an attorney will be removed from the admission roll. That attorney must then reapply for admission in accordance with the rule to file a notice of appearance in connection with a case before the Court. The Court will begin to record inactive attorneys as removed from the Archived Roll on July 1, 2011.

 

December 20, 2010 - Amendment to Local Rule 29.1. The United States Court of Appeals for the Second Circuit has amended Local Rule 29.1 effective immediately. The amendment eliminates redundancy resulting from December 1, 2010 amendments to Federal Rule of Appellate Procedure 29 which now mandates amicus curiae to submit a disclosure statement. The requirement in Local Rule 29.1 for amicus curiae to place the disclosure statement in the first footnote on the first page of the brief remains unchanged.

 

December 9, 2010 - Working with PDFs. To assist counsel in complying with the Local Rules of this Court, the following types of instructions for working with PDFs are now available on the Court's website:


 

December 8, 2010 - CM/ECF server maintenance Wednesday, December 8, 2010. Please be advised that the CM/ECF server will be unavailable to filers and staff on Wednesday, December 8 from 5:00pm to approximately 8:00pm. Please schedule all filings accordingly and log out of the server before 5:00pm.

 

November 30, 2010 - Amendments to Local Rules of the Second Circuit The Court of Appeals for the Second Circuit has adopted amendments to its Local Rules, effective December 15, 2010. Click here for a clean version of the amendments. Click here for a blacklined version.

 

The amendments include the creation of a new Expedited Appeals Calendar and reduction in the amount of time for parties to file their main briefs. Click here for the bar notice that addresses the establishment of the Expedited Appeals Calendar. Click here for the bar notice that addresses the application of the reduced filing time for briefs.

 

November 30, 2010 - Reduced time to file briefs - Effective December 15, 2010, appellant's main brief will be due no later than 91 days after the "ready date" as that term is defined in FRAP 15 and LR 31.2 (a)(1)(A). Appellee's brief will be due no later than 91 days after the filing of the last appellant's brief. The new filing deadline applies to new cases and cases pending as of December 15, 2010. The deadline does not apply to cases placed on the Court's Expedited Appeals Calendar under revised LR 31.2(b). This notice addresses the application of the rule to cases currently pending before the Court.

 

Appeals commenced before December 15, 2010 in which no scheduling notification has been filed. An appellant who files a scheduling notification prior to December 15, 2010 may request a brief filing date pursuant to the prior 120-day rule. An appellant who files a scheduling notification on December 15, 2010 or thereafter must request a brief filing date pursuant to the new 91-day rule, unless the record is voluminous or the deadline poses an extreme hardship pursuant to LR 31.2(a)(1)(D).

 

Appeals commenced before December 15, 2010 in which Appellant filed its main brief pursuant to the prior 120-day rule. An appellee who files a scheduling notification prior to December 15, 2010 may request a brief filing date pursuant to the 120-day rule. An appellee who files a scheduling notification on December 15, 2010 or thereafter must request a brief filing date pursuant to the new 91-day rule, unless the record is voluminous or the deadline poses an extreme hardship pursuant to LR 31.2(a)(1)(D).

 

Click here for a PDF version of this notice.

 

November 30, 2010 - Expedited appeals calendar. Effective December 15, 2010, pursuant to amended LR 31.2(b), the Court of Appeals for the Second Circuit will establish an Expedited Appeals Calendar ("XAC") to facilitate the prompt determination of appeals from district court orders that dismiss a complaint for (a) lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1); (b) failure to state a claim upon which relief may be granted under Fed. R. Civ. P. 12(b)(6); or (c) filing a frivolous complaint, or for any other ground specified in 28 U.S.C. § 1915(e)(2).

 

If the order appealed from cites at least one of these grounds for dismissal, the parties must so identify the case by checking the appropriate box on revised Form C. The Clerk notifies the parties when an appeal is placed on the XAC and sets the briefing schedule for all parties as follows: 35 days from the date of the Clerk's notification for the appellant's brief, 35 days from the date after the filing of the last appellant's brief for the appellee, and 14 days from the filing of the last appellee's brief for the reply. A request to extend the briefing time is disfavored and will be governed by LR 27.1, which has not been amended.

 

Click here a PDF version of this notice.

 

November 30, 2010 - CM/ECF server maintenance Thursday, December 2, 2010. Please be advised that the CM/ECF server will be unavailable to filers and staff on Thursday, December 2, from 5:00pm to approximately 7:00pm. Please schedule all filings accordingly and log out of the server before 5:00pm.

 

September 27, 2010 - Notice of proposed rulemaking - Please be advised that the U.S. Court of Appeals for the Second Circuit is proposing new and revised local rules to govern its practice.

 

Click on the appropriate link below to view a clean version of the proposed rules and a blacklined version of the proposed rules.

 

 

The proposed rules provide generally applicable direction regarding practice before the Court. See Fed. R. App. P. 47(a)(1).

In accordance with 28 U.S.C. § 2071(b) and Fed. R. App. P. 47(a)(1), comments are invited on the proposed rules. Please submit comments to the Clerk of Court at 40 Foley Square, New York, NY 10007 or rulescomments@ca2.uscourts.gov by no later than October 27, 2010.

 

August 23, 2010 - CM/ECF server maintenance Tuesday, August 24. Please be advised that the CM/ECF server will be unavailable to filers and staff on Tuesday, August 24, from 5:00pm to approximately 8:00pm. Please schedule all filings accordingly and log out of the server before 5:00pm.

 

August 3, 2010 - CM/ECF server maintenance Friday, August 6. Please be advised that the CM/ECF server will be unavailable to filers and staff on Friday, August 6, from 5:00pm to approximately 8:00pm. Please schedule all filings accordingly and log out of the server before 5:00pm.

 

July 16, 2010 - CM/ECF server maintenance Tuesday, July 20, 2010. Please be advised that the CM/ECF server will be unavailable to filers and staff on Tuesday, July 20, from 5:00pm to approximately 8:00pm. Please schedule all filings accordingly and log out of the server before 5:00pm.

 

May 13, 2010 - At the direction of Chief Judge Dennis Jacobs, the United States Court of Appeals for the Second Circuit will hear oral argument on May 19 and 20, 2010 at the United States Courthouse for the Northern District of New York, James T. Foley U.S. Courthouse, 445 Broadway, Albany, NY 12207.

 

April 14, 2010 - Please be advised that the CM/ECF server will be unavailable to filers and staff on Monday, April 19, from 5:00pm to approximately 6:00pm. Please schedule your filings accordingly, and be sure to log out of the server before 5:00pm.

 

April 1, 2010 - CM/ECF will be unavailable to filers on Tuesday, April 6, 2010 from 3:00pm to 9:00pm while the server is undergoing maintenance. Please schedule filings with the Court accordingly, and be sure to log off the system before 3:00.

 

March 1, 2010 - Please be advised that CM/ECF will be unavailable to attorney-filers this Thursday, March 4, from 5:00pm to approximately 8:00pm. Please plan your filings with the Second Circuit accordingly.

 

January 29, 2010 - An attorney who registered with PACER should receive within 72 hours an e-mail confirmation of registration. If confirmation is not received, please notify the Court's CM/ECF Help Desk by phone at 212-857-8630 or by e-mail at ecfhelpdesk@ca2.uscourts.gov for further assistance. If sending an e-mail inquiry, please use Attorney Registration in the subject line.

 

January 20, 2010 - Effective January 20, 2010, electronic filing in all counseled 2010 cases is mandatory in the United States Court of Appeals for the Second Circuit. All documents filed in a case after the opening document - i.e., the notice of appeal, petition for review, petition for writ of mandamus, successive habeas petition, or motion for leave to file an appeal - must be filed electronically in the Second Circuit. See Local Rule 25.1. Specific instructions for filing an opening document, such as a petition for review or petition for a writ of mandamus, are set forth in Local Rule 25.1(c)(2). Attorneys must be registered both with the Court and PACER to file documents electronically. For more information about registration, click here. For PACER information click here.

 

To be registered as an electronic filer with the Court, an attorney must be admitted to the Court, and the admission must be in active status. Attorneys whose anniversary date of admission was more than five years ago must renew admission in accordance with Local Rule 46.1(a)(2). If an attorney has a pending admission or renewal application, the Court will accept registration as an electronic filer. Click here for admission and renewal information.

 

January 10, 2010 - The Criminal Justice Act Committee is accepting applications for service on the Court's Criminal Justice Act Panel. The final date for filing of applications is Monday, APRIL 5, 2010. Please refer to the Court's official announcement and Application for Appointment/Reappointment to CJA Panel.

 

December 17, 2009 - The United States Court of Appeals for the Second Circuit has revised the Court's Local Rules, effective January 1, 2010. This newly designed Clerk's Office web page is for the Local Rules, and revised forms and case filing instructions. Click here for the bar notice that addresses the application of the new rules to cases filed prior to December 31, 2009.