Second Circuit Update

Second Circuit Update

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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. 

The same requirement also applies to a supplemental and special appendix. In addition, a party represented by counsel must submit six paper copies of the appendix, unless the case is proceeding on the original record without an appendix.

A pro se litigant must submit three paper copies of the appendix in cases in which an appendix is required.

Three paper copies of motions or any other documents that exceed 50 pages must be submitted to the Court.

If a petition for rehearing en banc exceeds 50 pages, 15 paper copies of the petition must be submitted to the Court. Click here for Chief Judge Livingston’s order.

Sealed Documents

A party filing a sealed document and who is unable to follow the usual paper protocol may contact the Clerk’s Office at 212.857.8610 and email the sealed document to

Resumption of In-Person Oral Arguments to begin effective the 2021 Term on August 16, 2021

Oral arguments will take place at the Thurgood Marshall United States Courthouse, Room 1703. Counsel and pro se litigants are expected to appear in person but will be permitted to argue remotely upon a request establishing good cause.

Due to the ongoing pandemic conditions, counsel may appear with no more than one colleague to assist with the argument. Pro se litigants also may be accompanied by no more than one person in the courtroom.

Individuals who arrive at the courthouse for argument must meet the health and safety requirements, and entrance protocols specified at the entrance to the building. Masks must be worn at all times while in the building, including in the courtroom and during oral argument.

Due to the Covid-19 crisis, until further notice, the courtroom continues to be closed to the public and to others who may wish to attend the argument. Nevertheless, a livestream audio of the oral arguments will continue to be offered by the Court.

Please be advised that the Court may announce changes to the procedures for participating in oral argument on short notice, based upon updated public health information.

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

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

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