by Paul LaMar | May 17, 2018 | All, Appellate Procedure
An appeal permitted by law as of right from a district court to a court of appeals may be taken only by filing a notice of appeal with the district clerk within the time allowed by Rule 4. At the time of filing, the appellant must furnish the clerk with enough copies...
by Eric Kuperman, Esq. | May 10, 2018 | All, Appellate Procedure
In the Second Circuit, the request for oral argument is not presumed upon filing of the Appendix and Briefs. The rules are very specific as to the method and timing of requesting oral argument. Specifically, Local Rule 34.1(a) requires that an Oral Argument Statement...
by M. Carmen Otero | Apr 12, 2018 | All, Appellate Procedure
Most of my clients are familiar with the Joint Appendix, the most common appellate document filed when perfecting an appeal at the Second Circuit. Many, however, are not as familiar with the Special Appendix. A Special Appendix contains additional copies of a case’s...
by PHP | Apr 12, 2018 | All, Wednesday Wisdom
by Jim Coonan | Apr 5, 2018 | All, Appellate Procedure
“Whenever it appears to the Supreme Court of the United States, any United States Court of Appeals, or a court of last resort of any other state that determinative questions of New York law are involved in a case pending before that court for which no controlling...
