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Second Circuit Rules Amended

April 16, 2014

The Court of Appeals for the Second Circuit has amended several of its local rules, effective February 1, 2014.  The amended rules include:

  • LR 25.1 & 25.2 - submission of sealed, oversized, and PDF documents
  • LR 27.1(f) - motions to reinstate an appeal dismissed for failure to timely file a brief
  • LR 28.1(b) - required information in the appellant’s opening brief
  • LR 30.1 - the number of paper copies of the appendix (six) to submit and the submission of an appellee’s supplemental appendix
  • LR 39.1- reproduction costs
  • LR 40.2 - seeking panel reconsideration
  • LR 42.2 - stipulations or motions to voluntarily dismiss a criminal appeal

Of note, amended LR 28.1(b) lists several required components to the Statement of the Case section of the opening brief: (1) describe the nature of the case and the relevant procedural history; (2) identify the judge or agency official who rendered the decision being appealed from; (3) indicate the disposition below; and (4) cite the decision or supporting opinion, if reported.

Amended LR 30.1 now allows for an appellee to submit a supplemental appendix as of right where the appellant did not file a joint appendix in compliance with FRAP 30. Also under amended LR 30.1, counsel must now file six paper copies of an appendix in all cases where an appendix is submitted. Further, counsel must file and serve a text-searchable PDF of every appendix on CD or DVD under amended LR 25.2.

The Court also recently announced its procedures for dismissing appeals when a brief is not timely filed. Effective April 1, 2014, court orders pursuant to a scheduling notification under LR 31.2(a)(1)(A) will specify that the appeal will be dismissed effective the date the appellant’s brief is due if not filed by that date. Similarly, orders issued pursuant to LR 31.2(a)(1)(B) will include notice that the appellee’s brief will be dismissed if not filed by the due date. A motion to extend the time to file the brief or to seek other relief will not toll the previously ordered filing date.


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