Effective February 1, 2014, there are significant changes to many Second Circuit Local Rules. The amended rules include 25.1, 25.2, 27.1, 28.1, 30.1, 39.1, 40.2 and 42.2. (You may access the updated rules here.)
The new rules affect the following: submission of sealed, oversized and PDF documents (LR 25.1 and 25.2); motions to reinstate an appeal dismissed for failure to timely file a brief (LR 27.1); required information in the appellant’s opening brief (LR 28.1); the number of paper copies of the appendix to submit and the submission of an appellee’s supplemental appendix (LR 30.1); reproduction costs (LR 39.1); seeking panel reconsideration (LR 40.2) and stipulations or motions to voluntarily dismiss a criminal appeal (LR 42.2).
Of particular note to appellate practitioners, amended LR 28.1(b) lists several required components to the Statement of the Case section of the opening brief. Amended LR 30.1 now allows for an appellee to submit as of right a supplemental appendix with their brief where the appellant did not file a joint appendix in compliance with FRAP 30. Also under amended LR 30.1, counsel must now file six paper copies of an appendix in all cases where an appendix is submitted. Further, counsel are required to file and serve a text-searchable PDF of every appendix on CD or DVD under amended LR 25.2.
Some of the amendments are fairly straight-forward and will be easy to implement in practice. With others, such as amended LR 30.1, allowing for the submission of an appellee’s supplemental appendix as of right, practitioners may need to communicate with the court to determine how to properly proceed. It is not clear if an appellee will need to make a showing of non-compliance with FRAP 30 before being allowed to submit a supplemental appendix and, if so, by what method such a showing will need to be made.
We at Counsel Press are constantly monitoring the Second Circuit updates and communicating with the Court. Here is what we were able to clarify: U.S. Court of Appeals for the Second Circuit: Local Rules Amended Effective February 1, 2014 – Update
We are always available to assist you with navigating the filing requirements of the Second Circuit, as well as other federal and state courts nationwide. Counsel Press provides a full spectrum of appellate services. Our New York office focuses on rule-compliant appellate filings in the New York State Court of Appeals, New York State Appellate Division (First-Fourth Departments), New York State Appellate Term (First-Second Departments) and the US Court of Appeals for the Second Circuit.