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 email@example.com. 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. ß 1913.
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.
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 Courtís 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 partyís time to file, and if a budget is enacted on Saturday, October 5, 20 13, 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 Katzmannís 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 Courtís Local Rules remains in effect. Pursuant to the order, the Court retains discretion to issue specific directions as may be necessary in particular cases.
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).