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Archive for the Appellate Innovations Category

NYS Appellate Courts Rule Change

{1:00 minute to read}   I would like to correct and/or clarify several points in my recent blog, “NYS Appellate Courts Rule Change.” The Appellate Division has changed its rules in certain counties/districts pertaining to the taking of appeals electronically. Not every Notice of Appeal warrants e-filing as there are several factors to consider, these include: type of case, originating county/district, and confirmation that the Notice of Appeal was e-filed (initialized) in the court of original instance.

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2018 Filing Dates: Mark Your Calendars Now!

{1:34 minutes to read} The Appellate Division First Department has a gap in term calendar filing dates — the June Term vs. September Term — which translates into a significant gap in argument dates scheduled.

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Local Rule Saves Time & Money for Attorneys & Their Clients

{1:00 minute to read} In the Second Circuit Court of Appeals, when preparing for specific types of appeals, such as immigration appeals (LR 34.2(a)(1)) or when filing in forma pauperis, or a Social Security case, many attorneys may not realize that under local rule LR 30.1(e) they do not have to file a Joint Appendix. Instead, they can simply refer to the lower Court’s original records and file a short addendum to the brief.  In terms of preparing a Joint Appendix, only referring to the lower Court’s original record can save the attorney time and their client money.  If you need assistance, please contact us today.    Enjoyed this article? Like us!     Liza Bobo APPELLATE INNOVATIONS 3 Barker Avenue, 2nd Floor White Plains, NY 10601 Phone: (914) 948-2240

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Get Ahead of the Holidays

{1:00 minute to read} If you are making an appeal to either the Appellate Division, First Department, or the Appellate Division, Second Department, there are a number of things to keep in mind. One, in particular, is holidays, both State and Federal. Between Thanksgiving and New Years, there are a number of different days that people observe, even those not technically State or Federally observed. 

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Westchester County Bar Association’s Appellate Practice Committee CLE

Appellate Innovations was proud to sponsor the Westchester County Bar Association’s Appellate Practice Committee CLE on the “Nuts and Bolts of Appellate Practice.” Helen Mezger, WCBA Committee Member and Account Manager for Appellate Innovations, presented a segment regarding taking an appeal, perfecting an appeal and requesting enlargements of time and adjournments. Fellow speakers included a sitting Judge and two attorneys. Sincerely, Appellate Innovations      

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Filing Appeals in Advance Will Ensure That You Beat the Clock

{1:10 minutes to read} Summer is over, and we are transitioning into fall. Time moves quickly, and, before we know it, the end of the calendar year is upon us.

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Eclipse Monday Photos

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! Appellate Innovations                                    

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

{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

{1:07 minutes to read} 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

{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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