Who Is Responsible for Production of the Joint Appendix in an Appeal Before the United States Court of Appeals for the Second Circuit?

15 Oct Who Is Responsible for Production of the Joint Appendix in an Appeal Before the United States Court of Appeals for the Second Circuit?

{1:06 minutes to read} Are you an appellant with an appeal before the United States Court of Appeals for the Second Circuit?

If so, know that determining the contents of the joint appendix is the responsibility of all parties.

Parties are encouraged to agree on the contents of the appendix.

In the absence of such an agreement, an appellant must within 14 days after the record is filed, serve on the appellee a designation of the parts of the record the appellant intends to include in the appendix and a statement of the issues the appellant intends to present for appellate review.

The appellee may, within 14 days after receiving the designation, serve on the appellant a designation of additional parts of the record to which it wishes to direct the court’s attention. The appellant must include the designated parts in the appendix.

The parties must not engage in an unnecessary designation of parts of the record for the Joint Appendix because the entire record is available to the court.

Keep in mind that these rules apply to cross appellants and cross appellees, as well.

Eric R. Larke
APPELLATE INNOVATIONS
3 Barker Avenue, 2nd Floor
White Plains, NY 10601
Phone: (914) 948-2240