COURT UPDATES

(ORDER LIST: 589 U.S.)

THURSDAY, MARCH 19, 2020

ORDER
In light of the ongoing public health concerns relating to COVID-19, the following shall apply to cases prior to a ruling on a petition for a writ of certiorari:

IT IS ORDERED that the deadline to file any petition for a writ of certiorari due on or after the date of this order is extended to 150 days from the date of the lower court judgment, order denying discretionary review, or order denying a timely petition for rehearing. See Rules 13.1 and 13.3.

IT IS FURTHER ORDERED that motions for extensions of time pursuant to Rule 30.4 will ordinarily be granted by the Clerk as a matter of course if the grounds for the application are difficulties relating to COVID-19 and if the length of the extension requested is reasonable under the circumstances. Such motions should indicate whether the opposing party has an objection.

IT IS FURTHER ORDERED that, notwithstanding Rules 15.5 and 15.6, the Clerk will entertain motions to delay distribution of a petition for writ of certiorari where the grounds for the motion are that the petitioner needs additional time to file a reply due to difficulties relating to COVID-19. Such motions will ordinarily be granted by the Clerk as a matter of course if the length of the extension requested is reasonable under the circumstances and if the motion is actually received by the Clerk at least two days prior to the relevant distribution date. Such motions should indicate whether the opposing party has an objection.

IT IS FURTHER ORDERED that these modifications to the Court’s Rules and practices do not apply to cases in which certiorari has been granted or a direct appeal or original action has been set for argument. These modifications will remain in effect until further order of the Court.

Oral Argument: Effective today, March 23, 2020 and until the COVID-19 crisis passes, the Court will hear all oral arguments using a teleconference platform. All lawyers and pro se litigants who are scheduled to argue must do so by teleconference. The Clerk’s Office will provide instructions to those appearing each argument day. In the alternative, parties may request to submit the appeal for determination. All oral arguments will be audio livestreamed. Click here for the livestream link.

Applications for service on CJA Panel: The deadline for the Second Circuit’s Criminal Justice Act Panel applications is extended to 5:00 p.m. on Monday, April 27, 2020. Click here for an Application form.

Filings: All filing dates and other deadlines set out in the Federal Rules of Appellate Procedure, the Court’s Local Rules and the Court’s orders are extended or tolled by 21 days, effective through May 17, 2020.

Notwithstanding this general extension, a judge or panel may, direct the parties to comply with a different filing date as deemed necessary in a particular case. In addition, in counseled civil cases the automatic dismissal provision in the order that set the original filing date remains in effect.

The due date for a notice of appeal, petition for review or other document that confers jurisdiction on the Court is not affected by this order. The filing dates for those papers remain as stated in the statute or rule that confers jurisdiction.

Emergency Applications: A lawyer or litigant who seeks to file a request for an emergency stay or relief that requires immediate attention shall file the request according to the directions set out in this notice and contact the Clerk of Court at 646.584.2696.

All Second Circuit Court of Appeals updates can be found on their website by clicking the button below:

UPDATE (March 25, 2020): In light of the ongoing public health crisis, Governor Cuomo’s recent Executive Orders, and Chief Judge DiFiore’s guidance to focus our efforts on essential operations, today’s appeal handdown may be the last regular Wednesday handdown for the time being, though court operational plans are evolving as conditions change. The Second Department remains open and the Justices are continuing to hear and adjudicate appeals and motions. Motion and appeal decisions will continue to be released, although the schedule may vary from time to time. If you are aware of a motion or appeal pending before the Court which is of an urgent nature, or if you have an application which may need immediate attention, please contact the Court via e-mail atad2clerk@nycourts.gov

For more information visit the AD2 website: http://www.courts.state.ny.us/courts/ad2/

Brooklyn, NY
March 25, 2020

The New York State Appellate Division, Second Department has continued to update as the COVID-19 crisis continues. All emergency procedures, updates and orders can be found on the Appellate Division, Second Department website. Please click the button below to view the updates.

The New York State Appellate Division, Fourth Department has continued to update as the COVID-19 crisis continues. All emergency procedures, updates and orders can be found on the Appellate Division, Fourth Department website. Please click the button below to view the updates.

The New York State Appellate Term, Second Department has continued to update as the COVID-19 crisis continues. All emergency procedures, updates and orders can be found on the Appellate Term, Second Department website. Please click the button below to view the updates.

The New Jersey State Superior Court, Appellate Division has continued to update as the COVID-19 crisis continues. All emergency procedures, updates and orders can be found on the New Jersey State Superior Court, Appellate Division website. Please click the button below to view the updates.