ISSUE 3 │ VOL. 7 │Fall 2019
Mark Virag | Senior Appellate Consultant | PHP
Enlargements of time to file appendices and briefs at the Second Circuit must be requested by motion with a supporting affidavit demonstrating good cause. All motions made to the Second Circuit must be accompanied by a T-1080 Form (Motion Information Statement). The Court prefers that these motions be made two weeks in advance for civil cases and at least seven days for advance in criminal cases.
Since the filing deadlines are set up to 91 days in advance, the Court will generally grant one 30-day enlargement of time however, it is reluctant to grant a second extension. To receive a second enlargement of time there must exist “extraordinary circumstances” such as a death or illness. The Court requires that a motion to enlarge be made as soon as practicable after said “extraordinary circumstance” arises.
M. Carmen Otero | Senior Appellate Consultant | PHP
On appeals NOT being filed with NYSCEF at the Appellate level, when perfecting an appeal in the Appellate Division, Second Department, a docket number will be issued. Each Order/Judgment, together with their respective notice(s) of appeal, will carry a specific docket number. In the event that one finds oneself appealing from multiple Orders and/or a Judgment being perfected in a single Record, the Second Department will still assign each Order/Judgment (with their respective Notices of Appeal) a different docket number.
In the past, a docket number was assigned promptly after the filing of the notice of appeal. If an Appellant was required to perfect an appeal before a docket number could be issued, the clerk of the Second Department would simply assign a docket number at the time of filing of the Record/Appendix and Brief. However, due to a large increase in the number of appeals being filed in this Court, this is no longer the case. Currently, it can take several months for a docket number to be issued after the notice of appeal is filed.
In view of the fact that a docket number is required for all appeals perfected at the Second Department, problems can arise whenever an Appellant must perfect an appeal expeditiously. At present, in order to obtain a docket number quickly, the Appellant must bring to the Second Department a copy of the stamped “filed” notice of appeal, the Order/Judgment being appealed and the RADI form to the Second Department. The Court will issue a docket number the next day and the Appellant will be able to label their Record/Appendix and Brief accordingly.
The Court considers this accelerated approach of receiving a docket number to be a method that is only carried out under extreme circumstances. As a result, the clerks will make a note in their records that a docket number has been issued in this manner and will expect to see the appeal served and filed within the next few days. It is best not to go through this process uncertain of whether or not you will be filing soon after the docket number is issued, to then find yourself perfecting the appeal months down the road. The request to expedite the assignment of a docket number should be made prudently and judiciously as one never wants to run the risk of displeasing the Court.
Eric J. Kuperman Esq. | Executive Vice President of Sales | PHP
I was recently asked by a client whether the Appellate Division, First Department would permit him to include a photograph within the text of his brief. Specifically, he wanted to “paint a picture” of a scene which was completely relevant rather than just describe the scene as it occurred. Intuitively, why not? If a picture is, in fact, worth 1,000 words, it might do well to reduce the length of his brief so that it would fall well within the parameters and guidelines set forth by the Appellate Division, First Department. Moreover, it might make the Court’s job easier in deciphering the details elicited by Counsel.
That said, take heed. The Appellate Division, First Department will not, in fact, accept such a filing. One may certainly reference a photograph that is included in the Record on Appeal/Appendix that was filed with the brief. However, including a photograph as an embedded image within the brief will result in its categorical rejection by the Court. If one does not wish to picture an angry client blasting his/her attorney as to why a brief was rejected, then keep photos out of your briefs
As an appellant, how can I request an enlargement of time to file my opening brief?
You may request a 60 day enlargement of time by filing a letter application.
Is it still necessary to file an oral argument request form in the Appellate Division-First Department?
An oral argument request form is no longer required at the Appellate Division-First Department. The attorney arguing the case and how many minutes they will require for oral argument is now located in the top right hand corner on the Brief cover.
How and when do I notify the Appellate Division of the dates I will be unavailable for oral argument?
You must notify the Appellate Division by letter prior to calendaring of the appeal.
New York, NY – October 7, 2019 – PrintingHouse Press (PHP), the leader in appellate services and litigation support, is honored to announce that for the third consecutive year it has been named Best Appellate Services Provider and Best Appellate Printer in the New York Law Journal’s 2019 Best Of survey. Prior to winning the past three years, PHP had been a top two honoree for seven years running since the origination of the awards in 2010.
“It is an honor that truly never gets old,” said John Farrell, President of PHP. “With the advent of electronic filing this past year we have focused heavily on excelling in this area and are grateful that our client base has acknowledged this by again voting us top honors in the Best Of survey. We are delighted with the win and offer a sincere thank you to all.”
The New York Law Journal offers legal professionals the opportunity to support the best providers of services to the legal community. The Best Of survey covered several dozen categories, including the areas of litigation support, data technology, research and more. The results were announced in a special section of the New York Law Journal, included in the October 7th issue.
For more information regarding the New York Law Journal Best Of survey, as well as a full list of the winners, please visit www.newyorklawjournal.com.
Since its inception in 1970, PHP has worked diligently to become the industry’s leading appellate services provider. With a shared dedication and broad knowledge base, the PHP staff of appellate consultants, paralegals and production specialists is renowned for its in-depth familiarity with the appellate rules and internal operating procedures of all state and federal Courts.
Director of Marketing of PHP