State Court Tips
It is best to obtain the clerk’s return at least a week prior to the day you intend to perfect.
Appellate Term, 1st Dept
Alessandra Kane, Client Manager
Unless the Second Department directs otherwise, there shall only be one counsel of record for a party. Co-Counsel is not permitted.
Trial Counsel is permitted to have Appellate Counsel. However, a Notice of appearance is required, and it must clearly indicate that incoming counsel is Appellate Counsel to trial Counsel.
Second Department
Caterina Madaffari, Appellate Consultant
The digital copy of your brief must contain an addendum with copies of all cited authorities, or the cases cited on the table authorities may be linked directly to the website where they are found/located.
Second Department
Melissa Rodriguez, Chief Operating Officer
If you need an enlargement of time to file your responding brief, and you are unable to obtain a stipulation, you must make an application to the court requesting interim relief.
First Department
Dean Misser, President & CEO
The time period to perfect an appeal is 6 months from the date of the notice of appeal, 22 NYCRR 1250.9(a). Extensions of time to perfect may be obtained by stipulation, letter request and motion 1250.9(b).
However, if the notice of appeal is not timely perfected and not withdrawn it will be dismissed by the Clerk. This should be avoided. If the notice of appeal is not going to be perfected, it should be withdrawn by letter to the court. At least one case, Bray v. Cox, 38 N.Y.2d 350, has held that failure to prosecute the appeal leading to dismissal, precludes, in any subsequent appeal, the raising of any issue presented by the earlier appeal and is subject to dismissal by the Appellate Division.
New York State Appellate Divisions
Vincent J. Murphy, Esq., VP of Sales
When moving for leave to appeal, you can flip the Appellant/Respondent designations on your caption in anticipation of your motion being granted.
Court of Appeals
Alessandra Kane, Client Manager
Unless the litigant is pro-se or the attorney has received approval of the court, all submissions must be made digitally.
On E-Filing
Caterina Madaffari, Appellate Consultant
The Fourth Department is the only Appellate Division to require a specific color for brief covers, similar to the Circuit Court briefing system.
Fourth Department
Alessandra Kane, Client Manager
In this court, a record is not required. Once they receive the original file from the lower court, you will only need to file a brief.
Appellate Term, 2nd Dept.
Alessandra Kane, Client Manager
Federal and Supreme Court Tips
Paper copies are not required to be filed for non-confidential merits briefs or appendices.
Federal Circuit
Nadia Oswald-Hamid, Senior Appellate Paralegal
Make sure the cover of the brief states either “ORAL ARGUMENT IS REQUESTED” or “SUBMISSION WITHOUT ARGUMENT”. Must be in CAPITAL LETTERS.
DC Circuit
Nadia Oswald-Hamid, Senior Appellate Paralegal
Need more time to put together the appendix? You have 7 days after the opening appellant’s brief is filed to submit the appendix.
Eleventh Circuit
Nadia Oswald-Hamid, Senior Appellate Paralegal
When filing an appendix in the 10th Circuit, it must be bookmarked.
Tenth Circuit
Natasha Monell, VP & Staff Counsel
A motion to seal appendix documents is required even if documents were sealed in the district court and a protective order was issued.
Ninth Circuit
Nadia Oswald-Hamid, Senior Appellate Paralegal
Unlike other courts, filing merits briefs in the Eighth Circuit requires service of a paper copy in addition to the CM/ECF submission.
Eighth Circuit
Nadia Oswald-Hamid, Senior Appellate Paralegal
No paper copies required for the merits briefs/appendix. Also, an appendix is not required if available from the District Court docket.
Sixth Circuit
Nadia Oswald-Hamid, Senior Appellate Paralegal
Though the rules do not specifically state this, “Id” is not allowed when citing to the ROA in the brief.
Fifth Circuit
Nadia Oswald-Hamid, Senior Appellate Paralegal
Be sure to use the official ROA when preparing your Record Excerpts. Also, use the correct citation in the brief (ex: ROA.13-12345.143:22-24).
Fifth Circuit
Alessandra Kane, Client Manager
Effective January 2023, consent is no longer required to file an amicus curiae brief.
The deadline to file an amicus brief at the merits stage is 7 days after the brief for the party supported is filed. If the amicus brief is in support of neither party, the deadline is 7 days after the time allowed for filing the petitioner/appellant’s brief. Motions to extend these deadlines will not be entertained.
United States Supreme Court
Melissa Rodriguez, Chief Operating Officer
When filing in the Second Circuit, be sure to use the official caption. Changing even a single word must first be approved by the Court.
Second Circuit
Nadia Oswald-Hamid, Senior Appellate Paralegal
Always file a Notice of Appearance.
Fourth Circuit
Nadia Oswald-Hamid, Senior Appellate Paralegal
The Court amended its Local Appellate Rules to create a uniform 5:00 p.m. E.T. deadline for filings and e*filings.
This change has been revolutionary to the legal community who until recently were allowed to e*file up until 11:59pm on the date of a filing deadline.
Third Circuit
Natasha R. Monell, Esq., VP and Staff Counsel
The Certificate of Service must match the e*filer’s name/credentials.
