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Home | Case-Filing | Appealing a Case in the Second Circuit | How to Appeal a Criminal Case

Failure to file


If a counseled or pro se appellant or petitioner fails to file a form, brief, appendix, or document or otherwise fails to act by the date set in FRAP, a LR, or a Court order, that party will be deemed in default. The Court will issue an order that sets a firm dismissal date to occur if the default is not cured within a specified time frame. Once the case is dismissed, the Court will view a motion to reinstate unfavorably unless the Court finds that extraordinary reasons explain the default. A party that files a motion to reinstate the appeal following dismissal for failure to file a brief on time must do so within 14 days of the date of the order dismissing the appeal. The motion to reinstate must include the party’s brief as an exhibit to the motion. See LR 27.1(I).



Last modified at 1/31/2014