THE APPELLATE INSIDER BLOG

Oral argument may be requested in both AD1 and AD2. They each have their own method of requesting time. Similarly, each have their protocol when the arguing attorney is not able to argue the appeal and is requesting another counsel to argue in his/her place. When...

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...

In the Appellate Division, First and Second Departments, the short answer is no. A Record on Appeal comprises the documents that were before the Court of original instance when an Order being appealed was decided. Thus, if the documents that were determinative of that...

Motions to “Strike a Brief” are rarely filed, and ultimately, almost never granted in full. However, it is common for a motion to “Strike,” or to “Dismiss an Appeal” to be granted in part. Typically, these motions would only be considered when too many documents were...