Court of Appeals Joins Electronic Age

January 21, 2010

Author: Catherine M. Callery (Kate) | Louise M. Tarantino

The United States Court of Appeals for the Second Circuit will convert to a new case management system and electronic document filing (“CM/ECF”) effective January 20, 2010.  Newly adopted Interim Local Rule 25.1 sets forth the Court’s filing requirements: http://www.ca2.uscourts.gov/clerk/Rules/LR/Local_Rule_25_1.htm

The newly designed Clerk’s Office web page contains information regarding registration and detailed filing instructions. See http://www.ca2.uscourts.gov/clerk/index.htm.  Attorneys already registered in another appellate court or district court(s) must still register for the Second Circuit.

Not surprisingly, the Second Circuit has retained the requirement for manual filing of briefs and appendices.  Local Rule 25.1(g) requires CM/ECF filers to submit separately the requisite number of paper copies prescribed under LRs 30.1(b) and 31.1 in addition to filing electronically.

Advocates should also note that the Court has promulgated new local rules, effective January 1, 2010.  Revised LR 31.2 describes a new procedure for setting briefing deadlines.  Reply briefs must be filed in compliance with Federal Rule of Appellate Procedure 31.  The automatic thirty day extension is eliminated.  The rule also distinguishes between appeals on or before December 31, 2009, and those filed after.

District court deadlines for the filing of papers have also changed to conform to the time period amendments of the Federal Rules of Civil Procedure, which involve changing most deadlines of fewer than thirty days to multiples of seven (i.e., seven, fourteen, twenty-one).  For attorneys who practice in the Western District of New York, a Standing Order, effective December 1, 2009, amends the local rules.  See http://www.nywd.uscourts.gov/document/standing order 80.pdf.  In addition to changes regarding the Service and Filing of Papers (Rule 7.1(c)), other changes include the time to appeal and/or object to Magistrate Judges’ Actions or Reports and Recommendations (ten to fourteen days).  LR 72.3(a)(2)&(3).  Advocates should be sure to check the local rules of the district(s) in which they practice before relying on old deadlines.