How to Determine the Deadline to File an Appendix and Brief in the Second Circuit

In the Second Circuit, you must file a scheduling notification. Essentially, you are setting your own deadline to file the Appendix and Brief. However, there are certain limitations and guidelines you must follow.

Within 14 days of the date the Appellant either receives the completed transcript or the date the Appellant is required to file the certificate on Form D (or Form D-P) indicating that no transcript will be ordered, the Court must be notified in writing of the date by which the Appellant’s Brief will be filed. Unless the case involves a voluminous transcript, the filing date must be within 91 days of receipt of the completed transcript. Appellant’s proposed filing date will be so-ordered unless the Court determines the selected filing date is unacceptable.