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The Federal Rules of Appellate Procedure (FRAP) and the Second Circuit Local Rules (LRs) and Internal Operating Procedures (IOPs) dictate the applicable requirements for parties litigating before the Court. To assist litigants, the Court has posted instructions detailing the basic case-filing procedures outlined in FRAP, the LRs, and the IOPs for agency, civil, and criminal appeals, as well as habeas corpus and prisoner civil rights cases. The Court also has posted separate instructions for pro se parties and for an appellate attorney wishing to be relieved from representation in criminal appeals under Anders v. California, 386 U.S. 738 (1967).

 

The Court requires all counsel to file documents electronically in the Case Management/Electronic Case-Filing (CM/ECF) system. See Local Rule 25.1(c). To file, counsel must be admitted to the Second Circuit bar and be registered with PACER for an appellate filer account. A pro se party may file electronically only if granted permission by the Court. See Rule 25.1(b)(3).

 

General information about CM/ECF is found in the Overview and Support sections of the Electronic Filing Information page on this website. Step-by-step electronic filing instructions, including screen shots, are found under How to use CM/ECF. This section includes specific instructions for electronically filing documents associated with the Court's immigration case tolling program. The section also contains general reference information, including a glossary of electronic filing events and instructions on working with PDFs.

 

 


September 19, 2014 - Implementation of NextGen CM/ECF - On October 20, 2014, the United States Court of Appeals for the Second Circuit will go live on Next Gen CM/ECF, the latest iteration of the national case management and electronic filing system. Under the existing version of CM/ECF, a filing user is required to run Java in order to access the system. A filing user also must maintain a separate CM/ECF account for each court in which that user files documents and performs other CM/ECF-related activity. A CM/ECF account is separate from the user's PACER account which is utilized to view docket reports and print filed documents. Highlights of NextGen CM/ECF will include the following:

 

  • The Java plug-in will no longer be required;

  • The system will use a new interface for filing users; and

  • A new Central Sign-on feature will allow a filing user to view docket reports, file documents, and perform other CM/ECF-related activity through one PACER account that will be utilized for all appellate, district, and bankruptcy courts that have gone live on NextGen CM/ECF.

To continue filing documents and performing other CM/ECF-related activity in the Second Circuit on or after October 20, 2014, a filing user who created a PACER account prior to August 11, 2014, will be required to upgrade that account in PACER. View instructions for upgrading a PACER account. Each individual filing user must have a separate upgraded account; firmwide and other shared accounts will not be permitted. Any individual filing user who created a PACER account on or after August 11, 2014, already has an upgraded PACER account which will be compatible with NextGen CM/ECF. A filing user with questions about whether his or her PACER account has been upgraded should contact PACER directly.


Prior to October 20, 2014, a filing user will continue using his or her current Second Circuit CM/ECF account to file documents and perform other CM/ECF-related activity even if the filing user has an upgraded PACER account.

 

Beginning October 20, 2014, a filing user will only be able to file documents and perform other CM/ECF-related activity in the Second Circuit through the user's upgraded PACER account. Upon logging in to PACER for the first time on or after this date, a Second Circuit filing user with an upgraded PACER account will be prompted to link the user's upgraded PACER account with his or her Second Circuit CM/ECF account. As additional appellate, district, and bankruptcy courts go live, PACER will offer the ability to add those courts to a filing user's upgraded PACER account so that the filing user does not have to maintain a separate CM/ECF account for those courts. Until a court goes live on Next Gen CM/ECF, however, a filing user will only be able to perform CM/ECF-related activities in that court by using his or her separate CM/ECF account issued by that court.

 

On or before October 20, 2014, the Court will post updated instructions for filing documents electronically in CM/ECF with screen shots reflecting the new interface.

 

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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