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Announcements
December 20, 2022 – Corrected Fee Schedule - December 1, 2023 is the effective date of the fee changes announced on November 28, 2022, not December 1, 2022. The December, 2020 miscellaneous fee schedule has been re-posted. A refund will issued to those who paid a fee in excess of the December, 2020 fee schedule.

December 1, 2022 – ACMS to Expand Operations on January 1, 2023 - On January 1, 2023, ACMS (Appellate Case Management System), the court’s case management program that processes Agency appeals and Second or Successive Habeas Applications, will expand operations to process criminal appeals. Filings in all criminal appeals opened in the Court of Appeals on or after January 1, 2023 must be filed in ACMS. Attorneys who wish to learn how the system operates should email Eniola Ajayi at eniola_ajayi@ca2.uscourts.gov. Training will be held by Zoom on December 19 and 27, 2022 at 10:00 AM and on December 21, 2022 at 3:00 PM. The Clerk’s Office will host an additional session in early January. Those interested should include in the subject line of their email “ACMS Training” and indicate in the body of the email the session you would like to attend.

November 28, 2022 – Amendments to the Federal Rules of Appellate Procedure Rules 25 and 42 - Effective December 1, 2022, FRAP 25 and FRAP 42 are amended. FRAP 25 extends the privacy provisions of Federal Rule of Civil Procedure 5.2(c)(1) and (2) to the review of a benefits decision of the Railroad Retirement Board under the Railroad Retirement Act. FRAP 42 restores the requirement that the circuit clerk dismiss an appeal if all parties agree. It clarifies that the fees that must be paid are court fees, not attorney’s fees. The amendment does not alter the requirements that govern court approval of a settlement, payment or other consideration. The amendment also permits a local rule that requires an appellant in a criminal appeal to consent to the dismissal of the appeal. A complete set of amendments with redlines can be found here.

November 22, 2022 – In-Person Court Proceedings and Other Court Operations at the United States Court of Appeals for the Second Circuit - Effective Monday, November 28, 2022, masks will be optional in the Court of Appeals’ courtrooms and overflow spaces. In light of the continuing risk COVID-19 poses, the Court notes that some people may choose to continue to wear a mask. The Court may reinstate the mask requirement on short notice should conditions change.

Public Counter - The Court’s public counter in Room 150 of the Clerk’s Office continues to be open between 10:00 a.m. and 4:00 p.m. Only two people seeking staff assistance may be in the room at one time. In addition, only one person at a time may use a kiosk for a maximum of 30 minutes. Mask wearing will be optional for visitors to the public counter, beginning November 28, 2022. The Court may reinstate the mask requirement on short notice should conditions change.

Pro Se Filings - Paper filings may continue to be made by ordinary mail to the United States Court of Appeals for the Second Circuit, Clerk’s Office, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. In the alternative, papers may be deposited in the Night Box located inside the entrance to the Thurgood Marshall United States Courthouse. Pro se litigants may continue to file electronic documents using prosecases@ca2.uscourts.gov. For new cases in which a docketing notice has not yet issued, opening papers may be emailed to newcases@ca2.uscourts.gov.

General Rule - All persons who have business with the Court must comply with the health screening requirements and entrance protocols posted at the entrance to the building and on the website of the United States District Court for the Southern District of New York at https://www.nysd.uscourts.gov/covid-19-coronavirus.

September 6, 2022 – ACMS to Process All Agency Appeals - On October, 1, 2022, the Second Circuit’s ACMS case filing system, which is currently used for immigration petitions for review and second or successive habeas applications, will begin to process all new administrative agency cases. All petitions for review of federal agency decisions or applications for enforcement that are filed on or after October 1, 2022 must be filed in ACMS. Counsel interested in learning about ACMS to file papers should email Eniola Ajayi at eniola_ajayi@ca2.uscourts.gov with the words “ACMS Training” in the subject line by September 16, 2022. The Clerk’s Office will hold training sessions by Zoom on September 22 and September 29 for those who respond.

 

August 29, 2022 – In-Person Court Proceedings and Other Court Operations at the United States Court of Appeals for the Second Circuit - Chief Judge Debra Ann Livingston has announced that when the Court’s 2022-2023 Term begins on Tuesday, September 6, 2022, oral arguments will be held in person at the Thurgood Marshall United States Courthouse, as they have since August 2021. In addition, the courtroom will be open to the public, with overflow space available as the Court determines. The audio livestream of oral argument will continue.

Masks will be required of all persons who are present in the courtroom or overflow space. An exception will be made for the person arguing at the podium, who may choose to remove the mask during argument. Also, a judge participating in the argument may choose to remove the mask while on the bench.

Public Counter - Beginning September 6, 2022, the Court’s public counter in Room 150 of the Clerk’s Office will be open between 10:00 a.m. and 4:00 p.m. Only two people seeking staff assistance may be in the room at one time. In addition, only one person at a time may use a kiosk for a maximum of 30 minutes. All persons must wear a mask at all times in Room 150.

Pro Se Filings - Paper filings may be made by ordinary mail to the United States Court of Appeals for the Second Circuit, Clerk’s Office, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. In the alternative, papers may be deposited in the Night Box located inside the entrance to the Thurgood Marshall United States Courthouse. Pro se litigants may continue to file electronic documents using prosecases@ca2.uscourts.gov. For new cases in which a docketing notice has not yet issued, opening papers may be emailed to newcases@ca2.uscourts.gov.

General Rule - All persons who have business with the Court must comply with the health screening requirements and entrance protocols posted at the entrance to the building and on the website of the United States District Court for the Southern District of New York at https://www.nysd.uscourts.gov/covid-19-coronavirus.

June 16, 2022 – Applications for the Second Circuit's Pro Bono Appellate Mediator Panel - The Legal Affairs Committee is accepting applications for the Second Circuit's Pro Bono Appellate Mediator Panel. The deadline is August 15, 2022. Please refer to the Court's official announcement and application materials, which are available here.

 

March 8, 2022 – Update to In-Person Court Proceedings at the United States Court of Appeals for the Second Circuit - Chief Judge Debra Ann Livingston has announced that effective Monday, March 14, 2022, during in-person oral arguments, the person arguing at the podium may choose to remove a mask during the argument. Similarly, a judge participating in the argument may choose to remove the mask while on the bench. All other persons in the courtroom must wear a mask at all times and must continue to observe the health screening requirements and entrance protocols posted at the entrance to the building. The specific requirements for in-person court proceedings and other court operations, set forth in the Court’s February 14, 2022 notice, posted below on the website Announcements page, remain in effect.

February 14, 2022 – Applications for service on CJA Panel - The Criminal Justice Act Committee of the United States Court of Appeals for the Second Circuit is accepting applications for service on the Court’s Criminal Justice Act Panel. For announcement click here, for application click here.

February 14, 2022 – Resumption of In-Person Court Proceedings and Other Court Operations at the United States Court of Appeals for the Second Circuit - Chief Judge Debra Ann Livingston has announced that effective Tuesday, February 22, 2022, the Court will resume holding oral argument in person in the Thurgood Marshall United States Courthouse, Room 1702. Counsel and pro se litigants will be expected to appear in person but will be permitted to argue remotely upon a request establishing good cause. Current conditions related to the Covid pandemic require that counsel appear with no more than one colleague to assist with the argument. Pro se litigants also may be accompanied by no more than one person in the courtroom. Individuals who arrive at the courthouse for argument must meet the health screening requirements and entrance protocols specified at the entrance to the building. All persons must wear a mask at all times in the building, including in the courtroom and during oral argument. The courtroom will remain closed to the public and others who may wish to attend argument, pending further improvement in Covid pandemic conditions. The Court will continue to offer a livestream audio of the oral arguments. Click here for the link to the livestream audio. All parties are advised that the Court may announce changes to the procedures for participating in oral argument on short notice based upon updated public health information .

Other Affected Court Operations - Beginning February 22, 2022, the Court’s public counter in Room 150 of the Clerk’s Office will open to the public between 10:00 a.m. and 2:00 p.m. Individuals who meet the health screening requirements and entrance protocols specified at the entrance of the Courthouse may enter to conduct business with the Court. Only two people seeking staff assistance may be in the room at one time. In addition, only one person at a time may use a kiosk, for a maximum of 30 minutes. Paper filings may be made by ordinary mail to the United States Court of Appeals for the Second Circuit, Clerk’s Office, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. In the alternative, papers may be deposited in the Night Box located inside the entrance to the Thurgood Marshall United States Courthouse . Pro se litigants may continue to file electronic documents using prosecases@ca2.uscourts.gov. For new cases in which a docketing notice has not yet issued, opening papers may be emailed to newcases@ca2.uscourts.gov.

December 29, 2021 – Oral Argument and Other Court Operations at the United States Court of Appeals for the Second Circuit - Chief Judge Debra Ann Livingston has announced that in light of the recent surge in Covid-19 infections, beginning January 4, 2022 oral arguments will be conducted remotely, by Zoom or teleconference. Instructions for participating in the remote arguments will be sent to counsel and pro se litigants in advance of the scheduled argument date. The Court will continue to provide a livestream audio of the oral arguments. The Court expects to resume conducting oral argument in person at the Thurgood Marshall Courthouse as soon as circumstances permit.

Other Affected Court Operations - The Court’s public counter in Room 150 of the Clerk’s Office will be closed to the public until further notice. Paper filings may be made by ordinary mail to the United States Court of Appeals for the Second Circuit, Clerk’s Office, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. In the alternative, papers may be deposited in the Night Box located inside the entrance to the Thurgood Marshall United States Courthouse. Pro se litigants may continue to file electronic documents using prosecases@ca2.uscourts.gov. For new cases in which a docketing notice has not yet issued, opening papers may be emailed to newcases@ca2.uscourts.gov.

December 21, 2021 – ACMS to Expand Operations on January 1, 2022 - The Appellate Case Management System (“ACMS”), the court’s new case management program that currently processes immigration petitions for review, will be expanding operations to process Second or Successive habeas applications filed pursuant to 28 U.S.C. §2244. Attorneys wishing to learn how the system operates should contact Eniola Ajayi at eniola_ajayi@ca2.uscourts.gov by December 29, 2021. Training on the system will be held by zoom at the end of December and again in early January.

December 13, 2021 – Amendment to the Local Rules of the Second Circuit - The Court of Appeals for the Second Circuit has amended Local Rules 46.2, effective December 13, 2021.  Please click here for the order adopting the amendment.

December 9, 2021 – Amendments to the Federal Rules of Appellate Procedure 3 and 6 - On December 1, 2021, amendments to FRAP 3 and FRAP 6 took effect. FRAP 3(c) codifies the merger principle for notices of appeal in new subsections (4) and (5). Conversely, new subsection (6) states that appellants who wish to limit the scope of their appeals must expressly do so or the merger principle will apply. Because of these changes, Form 1, the generic Notice of Appeal Form, has been replaced by Form 1(A) and Form 1(B). Amendments to FRAP 6 are stylistic only to reflect the existence of the new forms. The complete set of amendments with redlines can be found here.

December 9, 2021 – ACMS Tentatively Scheduled to Expand Operations on January 1, 2022 - The Appellate Case Management System (“ACMS”), the court’s new case management program that currently processes immigration petitions for review, is scheduled to expand operations to process Second or Successive applications filed pursuant to 28 U.S.C. §2244. Attorneys wishing to learn how the system operates should contact Eniola Ajayi at Eniola_ajayi@ca2.uscourts.gov by December 17, 2021. Training on the system will be held by zoom at the end of December and again in early January.

November 1, 2021 – Notice of Proposed Rule Making - By this notice and the order linked below, the Court of Appeals for the Second Circuit publishes for comment a proposed amendment to Local Rule 46.2 (b) (6), (7), which addresses attorney discipline. The amendment provides a procedure by which a New York State attorney discipline authority may request expedited disclosure of confidential record for its use in a New York State attorney conduct investigation or proceeding. Click here to see the Clerk’s order inviting comment and the proposed amendment. In accordance with 28 U.S.C. § 2971(b) and Fed. R. App. P. 47(a)(1), comments are invited on the proposed rule. Please submit comments to the Clerk of Court at 40 Foley Square, New York, NY 10007 or rulescomments@ca2.uscourts.gov no later than December 1, 2021.

August 31, 2021 – Paper Copies of Briefs and Appendices in Cases Heard Under the L.R. 34.2 (a)(1) Non-Argument Calendar No Longer Required - Beginning September 1, 2021, the Court of Appeals will no longer require paper copies of briefs and appendices to be filed in cases in which a party seeks review of the denial of: a claim for asylum under the Immigration and Nationality Act (INA); a claim for withholding of removal under the INA; a claim for withholding or deferral of removal under the Convention Against Torture; or, a motion to reopen or reconsider an order involving one of the claims listed above. A paper copy of all court filings must continue to be served on a pro se litigant in all immigration cases. A pro se litigant may continue to submit filings via the prosecases@ca2.uscourts.gov email or file paper documents with the Court. Only pro se litigants submitting filings may use the email address and should include the case number in the subject line of the email. Click here for Chief Judge Debra Ann Livingston’s order.

August 9, 2021 – Procedure for Oral Argument at the United States Court of Appeals for the Second Circuit - Chief Judge Debra Ann Livingston has announced that when the 2021 Term begins on August 16, 2021 oral arguments will be conducted in person at the Thurgood Marshall United States Courthouse, Room 1703. Counsel and pro se litigants are expected to appear in person but will be permitted to argue remotely upon a request establishing good cause.

Current conditions related to the Covid pandemic require that counsel appear with no more than one colleague to assist with the argument. Pro se litigants also may be accompanied by no more than one person in the courtroom.

Individuals who arrive at the courthouse for argument must meet the health screening requirements and entrance protocols specified at the entrance to the building. All persons must wear a mask at all times in the building, including in the courtroom and during oral argument.

Until the Covid infection rate declines, the courtroom will be closed to the public and others who may wish to attend argument. The Court will continue to offer a livestream audio of the oral arguments. Click here for the link to the livestream audio.

All parties are advised that the Court may announce changes to the procedures for participating in oral argument on short notice based upon updated public health information.

June 22, 2021 – Court Operations at the United States Court of Appeals for the Second Circuit - Chief Judge Debra Ann Livingston has announced that the 2021 Term will begin on August 16, 2021 with oral arguments conducted in person at the Thurgood Marshall United States Courthouse, Room 1703. Counsel and pro se litigants who are scheduled to argue will be expected to appear in person. The courtroom will be open to the public subject to conditions that will be determined prior to August 16, 2021. The Court will continue to offer a livestream audio of the oral arguments. Additional changes in the Court’s operations are listed below.

Court Hours and Access - Individuals who meet the health screening requirements and entrance protocols specified at the entrance to the building may enter to conduct business with the Court. Beginning Tuesday, July 6, 2021, the public counter located in Room 150 will be open to litigants and the public between 10:00 a.m. and 2:00 p.m. Only two people seeking staff assistance may be in the room at one time. In addition, only one person at a time may use a kiosk, and for a maximum of 30 minutes. Papers also may be deposited in the Court’s Night Box, located in the lobby of the Thurgood Marshall United States Court, 40 Foley Square, New York, NY.

Filing Pro se Papers - In addition to filing papers in Room 150 or in the Night Box, pro se papers may be emailed to prosecases@ca2.uscourts.gov. For new cases in which a docketing notice has not yet issued, opening papers may be emailed to newcases@ca2.uscourts.gov. A pro se litigant who has no access to email may send a paper by ordinary mail to United States Court of Appeals for the Second Circuit, Clerk’s Office, Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY.

Resumption of Paper Copies Requirement - Effective July 6, 2021, the Court will resume the requirement that six paper copies of each brief be submitted in each appeal at the time the brief is electronically filed. See L.R. 31.1. In addition, a party represented by counsel must file six copies of the appendix, unless the case is proceeding on the original record without an appendix. See L.R. 30.1(b)(c). The six paper copy rule also applies to a supplemental and special appendix. See L.R. 30.1(g); 32.1(c). In addition, a party represented by counsel must submit six paper copies of the appendix, unless the case is proceeding on the original record without an appendix. A pro se litigant must submit three paper copies of the appendix in cases in which an appendix is required. See L.R. 30.1(b), (e).

Three paper copies of documents that exceed 50 pages must be submitted to the Court. L.R. 21.1(b); 27.1(a)(4). If a petition for rehearing en banc exceeds 50 pages, 15 paper copies of the petition must be submitted to the Court. See L.R. 35.1(c). Click here for Chief Judge Livingston’s order.

Sealed Documents - A party that wishes to file a sealed document and is unable to follow the usual paper protocol may contact the Clerk's Office at 212.857.8610 and email the sealed document to Richard_Alcantara@ca2.uscourts.gov.

June 9, 2021 – Announcement - Chief Judge Debra Ann Livingston announces the death of Judge Robert A. Katzmann of the Court of Appeals. Click here to read the public statement.

April 6, 2021 – Second Circuit’s Pro Bono Appellate Mediator Panel - The Legal Affairs Committee is accepting applications for the Second Circuit's Pro Bono Appellate Mediator Panel. The deadline is June 30, 2021. Please refer to the Court's official announcement and application materials, which are available here.

March 11, 2021 – Announcement - Chief Judge Debra Ann Livingston announces the death of Judge Peter W. Hall of the Court of Appeals. Click here to read the public statement.

February 16, 2021 – Applications for service on CJA Panel - The Criminal Justice Act Committee of the United States Court of Appeals for the Second Circuit is accepting applications for service on the Court’s Criminal Justice Act Panel. For announcement click here, for application click here.

January 12, 2021 - Notice Regarding Judiciary Cybersecurity Breach - On January 6, 2021 the Judicial Conference of the United States announced that sealed, non-public documents stored on the Judiciary’s electronic case management system, CM/ECF, may be vulnerable to the “compromise involving SolarWinds Orion products that are currently being exploited by malicious actors” that the Department of Homeland Security announced last month.

Pursuant to its Local Rules, the Second Circuit Court of Appeals does not permit for filing any sealed documents in its CM/ECF system; nor are any sealed documents stored in the CM/ECF system. Sealed documents are filed by delivering them directly to the Clerk’s Office in paper or digital format. Sealed documents are then separately stored in the Clerk’s Office. LR 25.1(j)(2). These practices will continue going forward. 

 

 

 

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