The Practical Difference Between a Record and an Appendix in the Second Circuit

All appeals are perfected using the “Appendix method” in the Second Circuit. The complete Record of the proceedings from the District Court is automatically transferred electronically once the Appellant files the notice of appeal. The Second Circuit is relying on the Appellant to put together an Appendix containing the documents directly related to the appeal, …

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New York State Appellate Division, First Department Clerk’s Requirements Regarding Availability for Oral Argument

We continually hear from our clients regarding the procedures of notifying the First Department of any unavailable dates on which to appear for oral argument. All letters notifying the Court of such requests must be filed by the date specified on the First Department’s Term Calendar under the section labeled “Oral Argument, Time Requests and …

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AD1 No Longer Accepting Motions to Enlarge the Time to File Respondent Briefs–Only Emergency Applications

Traditionally, the First Department has allowed Respondents (that cannot obtain a stipulation to adjourn) to file a motion to enlarge the time to file a Respondent’s Brief. Recently, however, the Court has not accepted such motions, but instead has directed Respondents to seek emergency relief on application. The most obvious explanation behind the change in …

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