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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.

 

 


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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