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ENLARGEMENTS OF TIME AT THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT

by | Jul 13, 2023

VICTORIA RAMOS | Appellate Consultant | PHP

At the United States Court of Appeals for the Second Circuit, parties involved in appellate proceedings may seek enlargements of time under certain circumstances.

An enlargement of time refers to a request for an extension beyond the established deadlines for filing documents or performing certain actions in the appellate process.

The Second Circuit has established specific rules and procedures regarding enlargements of time to ensure fairness and efficiency in the appellate proceedings. Rule 31.1 of the Federal Rules of Appellate Procedure, which applies to the Second Circuit, governs requests for enlargements of time. Under this rule, parties must file a motion seeking an enlargement of time with a supporting affidavit or other documentation explaining the reasons for the request.

When evaluating requests for enlargements of time, the court considers various factors, including the reasons provided, the potential impact on the parties and the progress of the case, and the overall interests of justice. The court exercises its discretion in granting or denying such requests, aiming to strike a balance between the need for orderly appellate proceedings and the recognition of legitimate circumstances that may warrant additional time.

Parties seeking an enlargement of time at the United States Court of Appeals for the Second Circuit must diligently adhere to the established procedures and timelines. It is essential to file a motion with a persuasive explanation of the reasons for the request, demonstrating good cause for the extension Under this rule, parties must file a motion (T-1080 form) seeking an enlargement of time with a supporting affidavit or affirmation and any relevant exhibits. Your supporting affidavit or affirmation must explain the reasons for the request.

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