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

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

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. 

When a Deferred Appendix is used in an appeal, the parties initially file what’s called “page proof briefs.” These briefs contain citations to the lower court record. The appendix is then filed within 21 days after the appellee’s brief is served. Within 14 days after the appendix is filed, the parties then file the final versions of their briefs with the appendix citations filled in (along with or instead of the record citations). 

Although parties using a Deferred Appendix end up filing two sets of briefs, using a Deferred Appendix can be a good choice if there are voluminous documents in the lower court record, thus allowing each side to designate specific documents which will be referred to in their argument briefs, thus possibly saving their clients’ money perfecting the appeal.  

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

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Liza Bobo

 

Liza Bobo
APPELLATE INNOVATIONS

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