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:
U.S. Court of Appeals for the Second Circuit – Appendices: When Joint Really Isn’t Joint
In one of the previous articles on appeals in the Second Circuit, we addressed the requirements for an appellant to prepare a joint appendix pursuant to FRAP 30 and Local Rule 30.1. What happens, however, when an appellant fails to comply with the rules – either purposely or inadvertently?
New York Supreme and County Courts: Mandatory Redaction Rules Take Effect March 1, 2015
Practitioners in the New York Supreme and County Courts beware: mandatory redaction rules take effect on March 1. Based upon the administrative order, dated November 6, 2014, it will be required for counsel and unrepresented parties to omit or redact confidential personal information (“CPI”) in filings made in most cases.
Second Circuit Procedure: How to Reinstate an Appeal Dismissed for Failure to Adhere to a Briefing Order
In the last year, the Second Circuit amended its rules to include automatic dismissal language in every appellant’s briefing order. Counsel Press strongly recommends adhering to all briefing orders. However, for appellants, who have indeed failed to file their briefs and appendices by their ordered deadlines, the United States Court of Appeals for the Second Circuit has given guidance on how to reinstate the appeal pursuant to Local Rule 27.1(i).
Monitoring the Appellate Trends: A Closer Look at the New York State Unified Court System Annual Reports
Stability and evenness – these are ways, perhaps surprising to some, to describe recent trends in the state appellate courts of New York. Whether speaking of affirmance rates, total number of records filed, or motions handled, trends in those courts show little change. This article offers a statistical comparison of the years 2011 through 2013 – the latest available reports of the Chief Administrator of the Courts, with a brief look back to Reports of 2001 and 2005.
How to Take and Perfect an Appeal from a Decision of the Workers' Compensation Board
Workers’ Compensation decisions are reviewed by the Appellate Division, Third Judicial Department. See Workers’ Compensation Law Section 23. This article is an overview of the process and the steps in taking and perfecting a workers’ compensation appeal. It is designed to assist those attorneys not familiar with the rules governing them. See also Section 800.18 of the rules of the Appellate Division, Third Judicial Department.
New York Appellate Division, First Department: Deadline to perfect an appeal before the court’s summer recess commences!
March 23rd is the last day to perfect an appeal for the June Term in the Appellate Division, First Department. Generally, the June Term is the last term by which an appellant can reasonably hope to receive a decision on the merits within the calendar year, so, for those appellants hoping for a determination in the near future, it is time to begin preparing a record on appeal or appendix and a brief.
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