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NY State Court of Appeals

NY: Hold on to Oral Argument for Non-enumerated Appeals

In New York appellate practice, procedure and rules for oral argument vary by court. In general, only one attorney per party will be allowed to argue, as in the Court of Appeals, the state’s highest court. In the Appellate Division, First Department, counsel is required to consult on whether they wish to argue or submit. […]

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Stop clock -timely filed appeals

Appellate Filing: 2nd Circuit Updates Timely Filed Rules

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 […]

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efiling dictionary

E-filing Dictionary: 5 User Terms

Filing a document to a federal appellate court’s electronic case filing system (ECFS) entails familiarity with the system’s user terminology. Following are 5 User-specific defined terms that prove essential to a smooth ECF experience. 1. ECF Registration. Your appellate ECF account must be cleared by each federal circuit in which you are admitted to and […]

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Appellate Brief formatting

Formatting Your Brief on Appeal | U.S. Court of Appeals

If words should never get in the way of a solid thought, then clearly, neither should formatting. A legal brief must follow certain formats prescribed by the court, such as font size, type and even style. However, over-zealous use of font styles can impede the readability of your brief. A paper brief submitted to the […]

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efiling in US courts

Electronic Case Filing Systems Primer: U.S. Appeals Courts

As the Great Bard once wrote: Observe degree, priority, and place. –William Shakespeare. Application can be made of Shakespeare’s words of wisdom to the oft-confusing world of electronic case filing (ECF.) The degree to which courts nationwide now depend upon electronic case filing systems is far beyond threshold levels. The push toward a fully digitized […]

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E-filing help desk

Appellate Filing: Avoid Deficiency Notice Minefields

Appellate Filing: Avoid Deficiency Notice In the realm of litigation, there is always room for exception. Most are not hard and fast “exceptions to the rule,” but rather a comprehensive exercise in exemplary findings, logic and reason. Where procedural law takes focus, there are exceptions to the rule, hidden rules, and often-overlooked rules. Nowhere is […]

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Apellate filing efiling and assembly

Appellate Filing | When to request relief from word limits

Appellate Filing & When to request word limit relief The great Oliver Wendell Holmes once opined that: “A word is not a crystal; transparent and unchanging. It is the skin of a living thought and may vary greatly in colour and content according to the circumstances and time in which it is used.” Towne vs. […]

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