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An attorney who appears on behalf of a party or an amicus curiae in any capacity must be admitted to the Second Circuit bar. The attorney must renew admission every five years to remain active. See Local Rule 46.1.

 

In a criminal case, when a defendant seeks to appeal from the district court, the defendant's attorney, whether retained, appointed under the Criminal Justice Act (CJA), or appointed on some other basis, is responsible for representing the defendant on appeal unless relieved by the Court of Appeals. See Local Rule 4.1.

 

In a fully-counseled civil appeal or agency case involving a petition for review or application for enforcement of an agency order, counsel for each party must participate in mediation under the Civil Appeals Management Plan (CAMP). See Local Rule 33.1.

 

In all cases an attorney must file documents electronically in the Case Management/Electronic Case-Filing (CM/ECF) system. For comprehensive information on filing documents electronically, see How to Use CM/ECF under Electronic Filing Information. This section includes step-by-step instructions for using CM/ECF, document-specific filing instructions (including the recent instructions for immigration case tolling), and reference information (including instructions on working with PDFs).

 

 

Announcements


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.

 

January 24, 2014 - 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 February 1, 2014. View the order adopting the amendments which 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.

 

 

 

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