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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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Ever Missed a Deadline? Make Sure Your Calendar Has a Backup by Liza Bobo

{1:30 minutes to read} In order for any law practice to be a success, the foundation must be strong. An attorney’s foundation includes the obvious, like knowledge of courtroom rules, appellate division, etc. Yet, no practice can function well without the use of a calendar.


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Odd Evidence: Plan for Time, Cost & Effort in Appellate Court by Liza Bobo

{2:00 minutes to read} Attorneys should expect to have cases that require crucial, out-of-the-ordinary pieces of evidence (i.e., color photos or oversized maps). Once the evidence is filed in the court of original incidence, the appellate court expects to see a precise duplicate of the original piece of evidence. 

In every stage and each new setting, the courts want to see like for like

If you stipulate to the color photo or use the appendix method, you can physically exclude it. However, if you are perfecting upon the full record method, everything that the local courts reviewed has to be reproduced exactly for the appellate court. 

When planning the appeal and discussing the cost, etc. with your client, it is important to calculate the costs of assembling evidence needed for the appeal. 

In New York’s appellate courts, for example, an oversized map will need to be reproduced multiple times

  • 9 copies to be filed;
  • 2 copies to be served upon each adversary; and 
  • A few copies for yourself/your client. 

In addition, the oversized maps or color photos have to go in at least 11 books—at a minimum. 

Attorneys must be cognizant of the time and expense that it takes to reproduce the materials as well as the preparation time. An oversized map will not only need to be printed but will then need to be physically folded into the record. As an alternative to bulking up the record with an odd shaped item, you could make an application to the court for alternatives—if that option is available. 

By understanding the preparation required, attorneys can manage the time, effort and cost that it takes to reproduce and file odd pieces of evidence. If the evidence does not match the original, you will have to provide a reason why. 

If you need assistance or have questions about this process, please contact us today.

Liza Bobo

 

Liza Bobo
APPELLATE INNOVATIONS

3 Barker Avenue, 2nd Floor
White Plains, NY 10601
Phone: (914) 948-2240


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Avoiding Oral Argument Scheduling Conflicts in the Appellate Division, First Department by Liza Bobo

{2:00 minutes to read} As I’ve discussed in a separate blog entry, the Appellate Division, First Department uses a calendar system to manage its docket. Under the nine month rule (600.11(a)(3), an appellant in the First Department has nine months from the date typed on the Notice of Appeal to perfect the case by filing the Record On Appeal/Appendix; Opening Brief; and Note of Issue. 

With that said, although last day of the nine months is the outside limit (without requesting an extension), you can perfect your appeal for any Calendar Term within those nine months.

When choosing the term during which you would like your case to be argued, it’s important to be aware of the deadlines to perfect and the argument dates. For example, the next term is the September Term, which has a July 10 deadline. 

Keep in mind, the First Department doesn’t hear argument during the summer, arguments start on September 5th.    

If you decide to perfect for the September Term, you should keep in mind that there are religious holidays which fall during that term (this year, Rosh Hashana—the Jewish New Year—is September 21-22). To avoid a conflict with a religious holiday (or if you’re not available for an argument for any other personal reason or reason related to another case), you could always choose to perfect for a different term. Alternatively, when you perfect, you can submit a letter to the court along with your other documents informing the court of the dates on which you are not available and the reason for your unavailability. Although there is no guaranty that the court will accommodate you, they will take your request into consideration. The same reasoning applies when choosing a term later in the year (the October through December terms). 

If you need assistance or have questions about this process, please contact us today.

Liza Bobo

 

Liza Bobo
APPELLATE INNOVATIONS

3 Barker Avenue, 2nd Floor
White Plains, NY 10601
Phone: (914) 948-2240


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