The Appellate Law Journal focuses exclusively on rules, practices and procedures of federal and state appellate courts nationwide. Edited by the appellate experts at Counsel Press, The Appellate Law Journal is designed to provide a forum for creative thought about the procedural aspects of appellate practice and to disclose best practices, strategies and practical tips.
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Inside This Issue:
Supreme Court of the State of New York Appellate Division First Department: Unraveling The Term Calendar
Newcomers to appellate practice in the New York State Appellate Division First Department should be aware of this court’s term calendar and how the term calendar system impacts their appeal. In any given calendar year, the First Department has 10 terms for argument and submission, and there are specific deadlines by which documents must be filed in order to take part in a given term.
How to Avoid Calendaring Conflicts in the Supreme Court of the State of New York Appellate Division Second Department
The Supreme Court of the State of New York, Appellate Division Second Department is generally quite flexible with practitioners appearing before it when it comes to briefing schedules, enlargement requests and even the scheduling of oral arguments. The court takes its calendar very seriously though. Once an appeal is on the calendar to be heard, the court’s policy is to NOT remove it.
Supreme Court of the State of New York Appellate Division Third Department and Appellate Division Fourth Department: Key Differences in Record and Brief Preparation (Part I)
There are thousands of courts across the United States and each one of them has their own set of rules and internal operating procedures. Although the appellate process is generally the same, it is important to be aware of the specific rules and procedures of the court you are appearing within. The focus of this article is on the New York State's Appellate Division Third and Fourth Departments and specifically on the key differences in the preparation of records and briefs in these two courts.
US Court of Appeals for the Second Circuit Scheduling Orders: “Automatic Dismissal” Language Actually Means What It Says
The Second Circuit changed two key practices: 1) motions for extensions would be decided by a judge, as opposed to the Clerk’s Office; and 2) parties were permitted to select a filing date themselves within a 91-day period... And it goes without saying that it is imperative for counsel to carefully read orders granting extensions and take note of “automatic dismissal” language.
New Jersey Rules Governing Appellate Practice: Going a Step Beyond for the Client
R. 2:6-2(a), Contents of Appellant’s Brief, lists the required section headings for formal briefs submitted on behalf of an appellant... While clearly not required, many judges consider the Preliminary Statement the most important part of any brief. Placing this section front and center allows the attorney to paint with a broad brush and tell the judges from the start what the issues are and what they should look for in the remaining portions of the brief.
US Supreme Court Rules: Revisions to Take Effect July 1, 2013
The Court has adopted a revised version of the Rules of the Court to take effect on July 1, 2013. Normally, the Court makes any proposed revisions available for public comment before making them effective. This time, however, the Court was of the opinion that the latest changes were of minor importance and of a housekeeping nature, and thus it did not seek public comment.
Tagged: The Appellate Law Journal, Appellate Practice, Appellate Procedure
