Information for Attorneys
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).
March 29, 2013 - Notice of Fee Changes - Effective April 1, 2013, the fees charged for electronic documents accessed and printed at courthouse terminals will change. View the updated the updated fee schedule.
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 Clerkís 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 Courtís remand order will include provisions for prompt restoration of the case to the Courtís jurisdiction according to terms set out in the Courtís 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 petitionerís 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 petitionerís 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.