When appealing a case in the Second Circuit, the Appellant must upload two forms to the Second Circuit’s ECF (electronic case filing) system prior to providing a scheduling notification pertaining to the appeal. Which two forms are required will depend on whether the case is civil or criminal.
For Civil Cases: Forms C and D
In civil cases, the Appellant must upload Forms C and D to the ECF system.
Form C: Civil Appeal Pre-Argument Statement. This gives a brief description of the appeal (e.g., caption of the case, contact information for the parties’ attorneys, disposition of the district Court and the nature of the case, to name a few items). This form must also be served on all parties.
Form D: Civil Appeal Transcript Information. This tells the Second Circuit whether or not a transcript is being ordered, and if not, the reason why. The Appellant also needs to provide a description, including dates of the proceedings for the transcripts required.
Forms C and D must be uploaded within 14 days after the Notice of Appeal has been uploaded. For a simple rundown of how to appeal civil cases at the Second Circuit, click here. You can download both forms from PrintingHouse Press’s website at https://phpny.com/federal-courts.
For Criminal Cases: Forms A and B
When appealing a criminal case in the Second Circuit, the Appellant needs to upload Forms A and B to the ECF system instead of Forms C and D.
Form A: Criminal Notice of Appeal. This lists the caption of the case, what the appeal concerns, whether the defendant was found guilty by plea or trial, the dates of the offense and sentence, bail/jail disposition, and so on.
Form B: Criminal Appeal Transcript Information. This form lists the caption of the case, docket number, and counsel’s name and contact information. Primarily, the document is used to determine whether a transcript needs to be ordered or is readily available. The transcript can be pre-trial proceedings, trial transcripts, sentencing transcripts or post-trial proceedings.
Form A must be filed with the District Court within 14 days of entry of the Judgement or Order being appealed. Form B must be uploaded within 14 days of the date the Notice of Appeal was filed. For a simple description of how to appeal criminal cases at the Second Circuit, click here.