Effective April 1, 2014, there is a change in how the Second Circuit will handle appeals that are not timely filed in accordance with a brief scheduling order. Here is the synopsis provided by the Court:

“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.”

You may find more information on the Court’s website: Click Here

Read related articles:
U.S. Court of Appeals for the Second Circuit: Local Rules Amended Effective February 1, 2014
U.S. Court of Appeals for the Second Circuit: Local Rules Amended Effective February 1, 2014 – Update

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