Determining Due Dates for Appellee’s and Reply Briefs at the Second Circuit

In the Second Circuit Court of Appeals, the due date for an Appellee’s Brief depends on the date when the Appendix and Appellant’s Brief were electronically served and filed via ECF (electronic case files) upload.

The Appellee has 14 days from the Appellant’s Brief upload date to provide the Second Circuit with a scheduling notification for their Appellee’s Brief. That date must fall within 91 days of the date that the Appellant’s Brief was electronically served and filed.

The Reply Brief is due 14 days from the date that the Appellee’s Brief is uploaded to the Second Circuit ECF system. No scheduling notification is required for the Reply Brief.