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Resumption of Paper Copies Requirement

(1.5 minutes to read)  Effective July 6, 2021, the Court has resumed the requirement of six paper copies of each brief to be submitted in each appeal at the time the brief is electronically filed. Additionally, a party represented by counsel must file six copies of the appendix, unless the case is proceeding on the original record without an appendix. 


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Amended Protocols

( 4 minutes to read) 

FILING FEES 

Effective immediately, The Appellate Division, Second Department has implemented a new protocol for filing fees in non-NYSCEF filed appeals. 

If payment is not received within 7 days of processing of the record and brief, the Court will email the appellant to advise that payment has not been received. A copy will be sent to the adversary(s). At that point, the appellant will be put on notice that if payment is not received within 7 days of the Court’s email notification, the matter will be subject to dismissal without further notice.

Similarly, on motions, all filing fees must be paid by the return date.  If the payment is not received on time, the motion is subject to dismissal.

IN PERSON ORAL ARGUMENT

Effective September 7, 2021, the Appellate Division, Second Department will resume holding oral arguments in person at the courthouse located at 45 Monroe Place, Brooklyn, New York, unless a different location is determined.

As of that date, the courthouse will be open to the public. However, special protocols will be implemented for fully vaccinated individuals and for those unable to establish that they have been vaccinated.

Attorneys with Green Pass issued by the Unified Court System will be permitted to by-pass the daily health safety screening and conduct their business in all areas of the courthouse without wearing a mask or face covering. The pass is valid for ninety days and must be always displayed on the outermost portion of the attorney’s clothing when inside a court facility.

All other individuals with proof of vaccination will receive a white Visitor pass that permits them to bypass the health safety screening and enter the court facility without a mask or face covering. In order to obtain such a pass, the visitor must possess a valid government identification card which matches the name on a proof of vaccination. These items should be shown to the court officer upon entry into the court facility.

Acceptable proofs of COVID-19 vaccination include:

•COVID-19 vaccination card;

•Photograph of a COVID-19 vaccination card contained on a mobile device; or

•COVID-19 Vaccination Excelsior Pass

Such Visitor Pass is valid for one day and must be worn on the outermost portion of clothing.

All individuals entering the courthouse who are unable to establish that they have been vaccinated in conformity with the above guidelines (a) are required to wear a mask or facial covering at all times, (b) shall comply with social distancing guidelines and the directives of court officers, and (c) will be subject to Covid-19 screening and temperature checks.

UPDATE TO IN-PERSON ORAL ARGUMENT  8/17/21:

Effective immediately and until further notice:

  • The court has temporarily suspended the green attorney/agency pass and white visitor pass program.
  • While the court continues to be open to the public at this time, all court users are required to wear a face mask or face covering regardless of the vaccination status while present in the courthouse.
  • All court users must have their temperature taken and are subject to COVID screening before entry. These measures are imperative in order to ensure the health and safety of all court employees and court users during this time, and everyone’s cooperation is greatly appreciated. 

 

CALENDARING CONFLICTS

The Court is currently scheduling oral arguments for dates in September and October 2021. Due to several federal and religious holidays falling within that time frame, the Court is encouraging attorneys who have requested oral argument on matters that have not yet been calendared, to notify the Court of any dates on which they will not be available for oral argument due to religious holidays, vacations, family or employment commitments, etc. Such information should be sent to the Court’s calendar clerks by email at AD2-Calendars@nycourts.gov.

Once calendared, a matter will not be removed from the calendar, except for unusual circumstances (22 NYCRR 670.15[d] ).

We are working closely with the New York State appellate courts to bring you up to date on amendments and implementations as they become available. 

The information contained in this blog is provided for informational purposes only. This information should not be construed as legal advice on any subject matter. You should not act or refrain from acting on the basis of any content included in this blog without seeking legal or other professional advice.

 

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

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(2 minutes to read)

Today, I would like to talk about the most recent update released June 25, 2021, by the Appellate Division, First Department. The highlight of the update is that starting with the September 2021 term, in addition to electronic filing, attorneys will have to submit the original and one copy (for a total of two hard copies) of records, appendices, and briefs. However, the filing of paper copies with the court shall be delayed until the clerk has reviewed and approved the electronic submission. Only then will the hard copies be filed within two business days of the notification from the clerk of the court.


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Cartoon Judge and Lawyer Going Back to Their Home After Working

(1.5 minutes to read)  Chief Judge Janet DiFiore recently announced that courthouses across New York State are looking forward to the complete return of judges and court staff by May 24th, 2021. She explained how both the court leadership team and administrative judges are in the process of developing safe protocols to ensure normal staffing levels in all courthouses. Such efforts are essential in order to conduct in-person operations, such as jury trials and other court proceedings.


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(2.5 minutes to read)   A few weeks ago, the Future Trials Working Group of the Commission to Reimagine the Future of New York Courts released a report. Here, the Working Group made recommendations as to how trials would be conducted in the upcoming months and years using emerging technologies. While the pandemic has posed many challenges this past year for courts across New York state, it has also reinforced the importance of technology. This unprecedented time has imposed a new normal as to how virtual proceedings and communications within the court system will be conducted moving forward. 


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