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Appellate Innovations enjoyed the afternoon watching the eclipse and the evening at a restaurant to round out the day.

We all look forward to the next eclipse!

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Appealing to the Highest Court in New York State? There’s a Specific Process to Follow by Liza Bobo

{1:58 minutes to read} An appeal is sought when you are dissatisfied with an order, judgment, or decision received in the Appellate Division’s First, Second, Third and Fourth Departments.

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Best Practices When Using a Deferred Appendix by Liza Bobo

In my last article, we discussed using a Deferred Appendix to save money if the record is voluminous. A deferred appendix is usually filed as a Joint Appendix, on which the parties consult about what documents should be included.

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Using a Deferred Appendix in the US Court of Appeals for the Second Circuit by Liza Bobo

{1:42 minutes to read} As we explained in this earlier article, in the Second Circuit Court of Appeals, the parties must agree on the contents of the Joint Appendix before the case is served/filed/ECF filed; if they don’t, then this situation must be brought to the case manager’s attention. 

Most often, parties know what they want to argue in their briefs and therefore have no trouble agreeing to the contents of the Joint Appendix, but, if the lower court documents are voluminous or the parties need more time to designate the contents of the Joint Appendix, then in these situations, under Second Circuit Local Rule 30.1(c) and FRAP. 30(c), the parties can stipulate to using a Deferred Appendix, or (if the appellee doesn’t agree) the appellant can move for leave to file a Deferred Appendix. 

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Eric R. Larke

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White Plains, NY 10601
Phone: (914) 948-2240

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