Practitioners working in the 2nd Circuit Court of Appeals have now been given fair warning by the Court: wait until the last minute to file your brief, and you risk not only dismissal of your appeal, but also sanctions.
The Court issued its updated rules to attorneys on its Announcements page earlier this month, which contains three key points for practitioners to take note of:
- In a represented agency or civil appeal, when the Court orders the briefing deadline pursuant to a scheduling date as under Local Rule 31.2(a)(1)(A), it will now specify that the appeal is automatically dismissed if the brief is not filed by that due date. Petitioner and appellant are warned that filing a motion to extend time for filing does not toll the previously ordered brief filing date.
- In a represented agency or civil appeal, when the Court orders the respondent’s or appellee’s briefing deadline, the order will now specify that the appeal will proceed to a merits panel for determination if the brief is not filed by the due date. [Should this occur, appellee will then have to file a motion to request permission to file the brief and appear at oral argument.]Again; a motion to extend time (or seek other relief) for filing the brief will not toll the previously ordered brief date.
- In counseled criminal appeals, when the Court orders a briefing deadline pursuant to a scheduling notification, the order will now specify that if not timely filed, counsel may be subject to an order to show cause as to why a financial sanction should not be imposed.
These amended Local Rules serve to underscore how seriously the Court takes matters of timely filing; and how it has addressed the importance of being timely in its procedural rules.
If you are commencing an appeal in the 2nd Circuit, understanding all procedural rules, including the Federal Rules of Appellate Procedure, as well as the Court’s Local Rules; is imperative to your appeal’s success.
For appellate filing assistance or consultation, feel free to contact me here.
About the Author: Natasha R. Monell, Esq, is Vice President of Appellate Management & Staff Counsel, and heads up our team of appellate advocates at Record Press, Inc., where her appellate filing expertise has been a highly sought after commodity for well over 15 years. Ms. Monell specializes in New York State Appellate Courts, all Federal Circuit Courts and United States Supreme Court filings and strategies that advance any litigation teams’ appeal to perfection. Lawline Featured Faculty Member