Last month, we published a blog article about the recent amendments to the Second Circuit Local Rules. Some of the amendments are fairly straight-forward; while others need clarification. In the past few weeks, we have been closely monitoring the Second Circuit updates and communicating with the Court regarding the amended rules. Below is what we were able to clarify.

LR 30.1 – LR 30.1 was amended to allow 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. The Court has informally clarified that when an appellant files their appendix as a “Joint Appendix,” the Court will assume that the parties have conferred and a motion to file a supplemental appendix will be required in all instances. If an appellee was not consulted but the appellant, nevertheless, files a “Joint Appendix,” the appellee should call their case manager to discuss the next steps; a motion for leave to file a supplemental appendix may be necessary in these circumstances. In those instances where the appellant is pro se, an appellee may file their supplemental appendix as of right under amended LR 30.1.

LR 25.2 – To clarify the amendments to LR 25.2 requiring counsel to file and serve a text-searchable PDF of every appendix on CD or DVD, this rule only applies to appeals filed prior to January 1, 2010 or with those beginning with docket numbers 09-xxxx or lower. Accordingly, for appeals with docket numbers of 10-xxxx or higher, there is no requirement to file and serve a CD or DVD containing a PDF of an appendix.

LR 25.1 – With respect to the amendment to LR 25.1 requiring counsel to submit a redacted version of documents filed under seal within seven days of filing, the Court prefers that the sealed and redacted versions are filed on the same day rather than waiting the permitted seven-day time period.

We will continue to communicate with the Court to clarify the procedures surrounding the amended rules. Please feel free to contact us for more information. To receive updates on rules via email, please subscribe to this Blog.

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Tagged: Appellate Practice, Appellate Services, United States Court of Appeals for the Second Circuit, Appellate Procedure