Friday, January 1, 2010

10-01-01 US Court of Appeals, 2nd Circuit, Office of the Clerk of the Court

UNITED STATES COURT of APPEALS for the SECOND CIRCUIT
Physical Address:
Daniel Patrick Moynihan U.S. Courthouse
500 Pearl Street
New York, NY 10007
(212)857-8500
Mailing Address:
Thurgood Marshall U.S. Courthouse
40 Foley Square
New York, NY 10007
(212)857-8500
Dennis Jacobs, Chief Judge
Karen Greve Milton, Circuit Executive
Catherine O'Hagan Wolfe, Clerk of Court





Clerk's Office
Thurgood Marshall United States Courthouse
40 Foley Square
New York, New York 10007

Tel: (212) 857-8500
Fax: (212) 857-8710


Catherine O’Hagan Wolfe, Clerk of Court
Andrew M. Contreras, Chief Deputy Clerk
Lucille Carr, Chief Deputy of Operations
Oliva George, Deputy of Operations/Training Specialist
Richard Alcantara, Manager of Administration
Jeanine Cook, Executive Assistant
The Clerk’s Office serves the court by supervising court operations, maintaining court records, handling court monies, and performing other tasks that pertain to the court’s management and administration as mandated by statute or delegated by the court. The Clerk of Court acts as the chief administrative officer of the court.
The Clerk’s Office, among its many duties, ensures that correct and current dockets are maintained for each case, matters before the court are calendared as expeditiously as possible, general information and records are made readily available to the court and public, and statistical information regarding various case types and dispositions is kept accurately. The Clerk’s Office also bears responsibility for administering and enforcing the rules governing practice before the court.
Clerk's Office Links:
Clerk's Office Directory
Attorney Admission
Forms
Attorney Discipline
Judicial Conduct
CJA
Media Information
Court Calendars
Pro Bono Materials
Decisions
Rules
Dockets
______________________________________________

FRAP AND LOCAL RULES OF THE SECOND CIRCUIT 

FRAP and Local Rules (pdf format)
Local Rules (pdf format)
To view rules separately, click on the corresponding link from the detailed table of contents below.  Federal Rules of Appellate Procedure are printed in blueLocal Rules and the Appendix following the rules are printed in green.
LOCAL RULES RELATING TO THE ORGANIZATION OF THE COURT
§0.11. Name
§0.12. Seal
§0.13. Terms
Interim §0.14. Quorum
§0.15. 
Disclosure of Interested Parties [Superceded by FRAP 26.1]
§0.16. Clerk
§0.17. Clerk's Fees
§0.18. Entry of Orders by the Clerk
§0.19. Process
§0.20. Opinions of the Court
§0.21. Library
§0.22. Judicial Conference of the Second Circuit
§0.23. Dispositions in Open Court or by Summary Order [Superceded by Second Circuit Local Rule 32.1]
§0.24. Complaints With Respect to Conduct of Judges
§0.25. Equal Access to Justice Act Fees
§0.26. Permissive Review After Appeal of a Magistrate's Judgment to the District Court
§0.27. Certification of Questions of State Law
§0.28. Death Penalty Cases
Interim §0.29. Non-Argument Calendar


FEDERAL RULES OF APPELLATE PROCEDURE
TITLE I. APPLICABILITY OF RULES

Rule 1. Scope of Rules; Title


(a) Scope of Rules
(b) [Abrogated]
(c) Title

Rule 2. Suspension of Rules

TITLE II. APPEAL FROM A JUDGMENT OR ORDER OF A DISTRICT COURT

Rule 3. Appeal as of Right — How Taken

(a) Filing the Notice of Appeal
(b) Joint or Consolidated Appeals
(c) Contents of the Notice of Appeal
(d) Serving the Notice of Appeal
(e) Payment of Fees
Rule 3.1. Appeal from a Judgment of a Magistrate Judge in a Civil Case [Abrogated]
Local Rule 3(d). Mailing of Notice of Appeal by Clerks of District Courts to Clerk of Court of Appeals

Rule 4. Appeal as of Right — When Taken

(a) Appeal in a Civil Case
(1) Time for Filing a Notice of Appeal
(2) Filing Before Entry of Judgment
(3) Multiple Appeals
(4) Effect of a Motion on a Notice of Appeal
(5) Motion for Extension of Time
(6) Reopening the Time to File an Appeal
(7) Entry Defined
(b) Appeal in a Criminal Case
(1) Time for Filing a Notice of Appeal
(2) Filing Before Entry of Judgment
(3) Effect of a Motion on a Notice of Appeal
(4) Motion for Extension of Time
(5) Jurisdiction
(6) Entry Defined
(c) Appeal by an Inmate Confined in an Institution
(d) Mistaken Filing in the Court of Appeals

Local Rule 4(b). Duties of all Retained Attorneys in Criminal Cases and all Criminal Justice Act-appointed Attorneys; Motions for Leave to Withdraw as Counsel on Appeal Where Retained in a Criminal Case or Appointed under Criminal Justice Act, Duties of Appellate Counsel in the Event of Affirmance

Rule 5. Appeal by Permission
(a) Petition for Permission to Appeal
(b) Contents of the Petition; Answer or Cross-Petition; Oral Argument
(c) Form of Papers; Number of Copies
(d) Grant of Permission; Fees; Cost Bond; Filing the Record

Rule 5.1. Appeal by Leave under 28 U.S.C. § 636(c)(5) [Abrogated December 1, 1998]
Rule 6. Appeal in a Bankruptcy Case from a Final Judgment, Order, or Decree of a District Court or Bankruptcy Appellate Panel

(a) Appeal From a Judgment, Order, or Decree of a District Court Exercising Original Jurisdiction in a Bankruptcy Case
(b) Appeal From a Judgment, Order, or Decree of a District Court or Bankruptcy Appellate Panel Exercising Appellate Jurisdiction in a Bankruptcy Case
(1) Applicability of Other Rules
(2) Additional Rules
(A) Motion for rehearing
(B) The record on appeal
(C) Forwarding the record
(D) Filing the record
Rule 7. Bond for Costs on Appeal in a Civil Case
Rule 8. Stay or Injunction Pending Appeal
 (a) Motion for Stay
(1) Initial Motion in the District Court
(2) Motion in the Court of Appeals; Conditions on Relief
(b) Proceeding Against a Surety
(c) Stay in a Criminal Case
Rule 9. Release in a Criminal Case
(a) Release Before Judgment of Conviction
(b) Release After Judgment of Conviction
(c) Criteria for Release

Local Rule 9. Release in Criminal Cases
Rule 10. The Record on Appeal
(a) Composition of the Record on Appeal
(b) The Transcript of Proceedings
(1) Appellant’s Duty to Order
(2) Unsupported Finding or Conclusion
(3) Partial Transcript
(4) Payment
(c) Statement of the Evidence When the Proceedings Were Not Recorded or When a Transcript Is Unavailable
(d) Agreed Statement as the Record on Appeal
(e) Correction or Modification of the Record
Rule 11. Forwarding the Record
(a) Appellant’s Duty
(b) Duties of Reporter and District Clerk
(1) Reporter’s Duty to Prepare and File a Transcript
(2) District Clerk’s Duty to Forward
(c) Retaining the Record Temporarily in the District Court for Use in Preparing the Appeal
(d) [Abrogated]
(e) Retaining the Record by Court Order
(f) Retaining Parts of the Record in the District Court by Stipulation of the Parties
(g) Record for a Preliminary Motion in the Court of Appeals


Local Rule 11. Exhibits
Rule 12. Docketing the Appeal; Filing a Representation Statement; Filing the Record


(a) Docketing the Appeal
(b) Filing a Representation Statement
(c) Filing the Record, Partial Record, or Certificate

Interim Local Rule 12.1. Acknowledgment and Notice of Appearance in All Appeals
TITLE III. REVIEW OF A DECISION OF THE UNITED STATES TAX COURT

Rule 13. Review of a Decision of the Tax Court

(a) How Obtained; Time for Filing Notice of Appeal
(b) Notice of Appeal; How Filed
(c) Contents of the Notice of Appeal; Service; Effect of Filing and Service
(d) The Record on Appeal; Forwarding; Filing


Rule 14. Applicability of Other Rules to the Review of a Tax Court Decision
TITLE IV. REVIEW OR ENFORCEMENT OF AN ORDER OF AN ADMINISTRATIVE AGENCY, BOARD, COMMISSION, OR OFFICER

Rule 15. Review or Enforcement of an Agency Order — How Obtained; Intervention
(a) Petition for Review; Joint Petition
(b) Application or Cross-Application to Enforce an Order; Answer; Default
(c) Service of the Petition or Application
(d) Intervention
(e) Payment of Fees

Local Rule 15. Application by National Labor Relations Board For Enforcement of Order
Rule 15.1. Briefs and Oral Argument in a National Labor Relations Board Proceeding
Rule 16. The Record on Review or Enforcement
(a) Composition of the Record
(b) Omissions From or Misstatements in the Record
Rule 17. Filing the Record
(a) Agency to File; Time for Filing; Notice of Filing
(b) Filing — What Constitutes
Rule 18. Stay Pending Review
(a) Motion for a Stay
(1) Initial Motion Before the Agency
(2) Motion in the Court of Appeals
(b) Bond
Rule 19. Settlement of a Judgment Enforcing an Agency Order in Part
Rule 20. Applicability of Rules to the Review or Enforcement of an Agency Order
TITLE V. EXTRAORDINARY WRITS

Rule 21. Writs of Mandamus and Prohibition, and Other Extraordinary Writs
(a) Mandamus or Prohibition to a Court: Petition, Filing, Service, and Docketing
(b) Denial; Order Directing Answer; Briefs; Precedence
(c) Other Extraordinary Writs
(d) Form of Papers; Number of Copies
Local Rule 21. Petitions for Writs of Mandamus and Prohibition

(a) Caption
(b) Number of Copies


TITLE VI. HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS

Rule 22. Habeas Corpus and Section 2255 Proceedings
(a) Application for the Original Writ
(b) Certificate of Appealability

Local Rule 22. Certificate of Appealability    


(a) Prompt Application and Contents of Motion
(b) Time for Filing Appellant's Brief

Rule 23. Custody or Release of a Prisoner in a Habeas Corpus Proceeding
(a) Transfer of Custody Pending Review
(b) Detention or Release Pending Review of Decision Not to Release
(c) Release Pending Review of Decision Ordering Release
(d) Modification of the Initial Order on Custody
Rule 24. Proceeding In Forma Pauperis
(a) Leave to Proceed In Forma Pauperis
(1) Motion in the District Court
(2) Action on the Motion
(3) Prior Approval
(4) Notice of District Court’s Denial
(5) Motion in the Court of Appeals
(b) Leave to Proceed In Forma Pauperis on Appeal or Review of an Administrative-Agency Proceeding
(c) Leave to Use Original Record
TITLE VII. GENERAL PROVISIONS

Rule 25. Filing and Service
(a) Filing
(1) Filing with the Clerk
(2) Filing: Method and Timeliness
(A) In general
(B) A brief or appendix
(C) Inmate filing
(D) Electronic filing
(3) Filing a Motion with a Judge
(4) Clerk’s Refusal of Documents
(5) Privacy Protection


(b) Service of All Papers Required
(c) Manner of Service
(d) Proof of Service
(e) Number of Copies

Interim Local Rule 25.1. Filing and Service


(a) Document in Digital Format
1. Documents Defined
2. Submission Requirement
3. Submission of Documents
4. Content
5. Time for Filing
6. Virus Protection
7. Corrections
8. Email Service
(b) Documents in Other Formats
1. Filing Requirement
Interim Local Rule 25.2. Appendix on CD-ROM

Rule 26. Computing and Extending Time

(a) Computing Time
(b) Extending Time
(c) Additional Time after Service

Rule 26.1. Corporate Disclosure Statement

(a) Who Must File
(b) Time for Filing; Supplemental Filing
(c) Number of Copies

Rule 27. Motions

(a) In General
(1) Application for Relief
(2) Contents of a Motion
(A) Grounds and relief sought
(B) Accompanying documents
(C) Documents barred or not required
(3) Response
(A) Time to file
(B) Request for affirmative relief
(4) Reply to Response
(b) Disposition of a Motion for a Procedural Order
(c) Power of a Single Judge to Entertain a Motion
(d) Form of Papers; Page Limits; and Number of Copies
(1) Format
(A) Reproduction
(B) Cover
(C) Binding
(D) Paper size, line spacing, and margins
(E) Typeface and Type Styles
(2) Page Limits
(3) Number of Copies


(e) Oral Argument



Local Rule 27. Motions


(a) Form of Notice of Motion and Supporting Papers for Motions and Opposition Statements

1) Form of Motion
2) Non-Compliance Sanctions


(b) Motions to Be Heard at Regular Sessions of the Court
(c) Motions to Be Heard by a Panel Which Has Rendered a Decision
(d) Pro Se Motions by Incarcerated Prisoners Under 28 U.S.C. §§ 2253 and 2255
(e) Motions for Leave to Appeal
(f) Motions to Be Determined by a Single Judge
(g) Motions for Permission to File Briefs Exceeding Size Provided by Rule 28(g)
(h) Other Motions
(i) Suggestions for In Banc Consideration of a Motion
(j) Motions by Pro Se Appellant in Civil Appeals (including Habeas Corpus)





Rule 28. Briefs

(a) Appellant’s Brief
(b) Appellee’s Brief
(c) Reply Brief
(d) References to Parties
(e) References to the Record
(f) Reproduction of Statutes, Rules, Regulations, etc
(g) [Reserved]
(h) [Deleted]
(i) Briefs in a Case Involving Multiple Appellants or Appellees
(j) Citation of Supplemental Authorities




Local Rule 28. Briefs
Rule 28.1. Cross Appeal

(a) Applicability
(b) Designation of Appellant
(c) Briefs
(1) Appellant's Principal Brief
(2) Appellee's Principal and Response Brief
(3) Appellant's Response and Reply Brief
(4) Appellee's Reply Brief
(5) No Further Briefs
(d) Cover
(e) Length
(1) Page Limitation
(2) Type-Volume Limitation
(3) Certificate of Compliance

(f) Time to Serve and File a Brief


Rule 29. Brief of an Amicus Curiae

(a) When Permitted
(b) Motion for Leave to File
(c) Contents and Form
(d) Length
(e) Time for Filing
(f) Reply Brief
(g) Oral Argument

Interim Local Rule 29. Brief of an Amicus Curiae

Rule 30. Appendix to the Briefs

(a) Appellant’s Responsibility
(1) Contents of the Appendix
(2) Excluded Material
(3) Time to File; Number of Copies
(b) All Parties’ Responsibilities
(1) Determining the Contents of the Appendix
(2) Costs of Appendix
(c) Deferred Appendix
(1) Deferral Until After Briefs Are Filed
(2) References to the Record
(d) Format of the Appendix
(e) Reproduction of Exhibits
(f) Appeal on the Original Record Without an Appendix

Local Rule 30. Appendix

(a) Deferred Appendix
(b) Original Record
(c) Index for Exhibits
(d) Notice of Appeal

Rule 31. Serving and Filing Briefs

(a) Time to Serve and File a Brief
(b) Number of Copies
(c) Consequence of Failure to File

Local Rule 31. Number of Copies of Brief to be Filed with Clerk
Rule 32. Form of Briefs, Appendices, and Other Papers


(a) Form of Brief

(1) Reproduction
(2) Cover
(3) Binding
(4) Paper Size, Line Spacing, and Margins
(5) Typeface
(6) Type Styles
(7) Length
(A) Page limitation
(B) Type-volume limitation
(C) Certificate of Compliance
(b) Form of Appendix
(c) Form of Other Papers

(1) Motions
(2) Other Papers
(d) Signature
(e) Local Variation




Local Rule 32. Briefs and Appendix



(a) Form of Brief
(b) Form of Appendix
(c) Covers
(d) Special Appendix

(1) Contents of the Special Appendix
(2) Form of the Special Appendix

Rule 32.1. Citing Judicial Dispositions

          (a) Citation Permitted

          (b) Copies Required
Local Rule 32.1. Dispositions by Summary Order


(a) Use of Summary Orders
(b) Precedential Effect of Summary Order
(c) Citation of Summary Orders
(d) Legend

Rule 33. Appeal Conferences


Rule 34. Oral Argument

(a) In General
(1) Party’s Statement
(2) Standards
(b) Notice of Argument; Postponement
(c) Order and Contents of Argument
(d) Cross-Appeals and Separate Appeals
(e) Nonappearance of a Party
(f) Submission on Briefs
(g) Use of Physical Exhibits at Argument; Removal

Interim Local Rule 34. Oral Argument


(a) Party's Statement and Submission on Briefs

(1) Request for Oral Argument
(2) Counseled Appeals
(3) Pro Se Appeals

(b) Determination by Court Not to Hear Oral Argument
(c) Number of Counsel
(d) Time Allotments
(e) Postponement of Argument




Rule 35. En Banc Determination

(a) When Hearing or Rehearing En Banc May Be Ordered
(b) Petition for Hearing or Rehearing En Banc
(c) Time for Petition for Hearing or Rehearing En Banc
(d) Number of Copies
(e) Response
(f) Call for a Vote

Interim Local Rule 35. En Banc Procedure
          (a) Copy of Opinion or Summary Order Required
          (b) Judges Eligible to Request an En Banc Poll
          (c) Determination of Majority for Ordering En Banc Consideration
          (d) Procedure After Amendment of Court Ruling



Rule 36. Entry of Judgment; Notice
(a) Entry
(b) Notice




Rule 37. Interest on Judgment
(a) When the Court Affirms
(b) When the Court Reverses
Rule 38. Frivolous Appeal — Damages and Costs

Local Rule 38. Other Sanctions for Delay

Rule 39. Costs
(a) Against Whom Assessed
(b) Costs For and Against the United States
(c) Costs of Copies
(d) Bill of Costs: Objections; Insertion in Mandate
(e) Costs on Appeal Taxable in the District Court

Local Rule 39. Costs

Rule 40. Petition for Panel Rehearing
(a) Time to File; Contents; Answer; Action by the Court if Granted
(1) Time
(2) Contents
(3) Answer
(4) Action by the Court
(b) Form of Petition; Length

Interim Local Rule 40. Panel Rehearing Procedure
          (a) Copy of Opinion or Summary Order Required
          (b) Procedure After Amendment of Court Ruling
          (c) Sanctions


Rule 41. Mandate: Contents; Issuance and Effective Date; Stay


(a) Contents
(b) When Issued
(c) Effective Date
(d) Staying the Mandate
(1) On Petition for Rehearing or Motion
(2) Pending Petition for Certiorari

Local Rule 41. Issuance of Mandate

Rule 42. Voluntary Dismissal
(a) Dismissal in the District Court
(b) Dismissal in the Court of Appeals
Rule 43. Substitution of Parties
(a) Death of a Party
(1) After Notice of Appeal Is Filed
(2) Before Notice of Appeal Is Filed — Potential Appellant
(3) Before Notice of Appeal Is Filed — Potential Appellee
(b) Substitution for a Reason Other Than Death
(c) Public Officer: Identification; Substitution
(1) Identification of Party
(2) Automatic Substitution of Officeholder
Rule 44. Case Involving a Constitutional Question When the United States or the Relevant State Is Not a Party
(a) Constitutional Challenge to Federal Statute
(b) Constitutional Challenge to State Statute
Rule 45. Clerk’s Duties
(a) General Provisions
(1) Qualifications
(2) When Court Is Open
(b) Records
(1) The Docket
(2) Calendar
(3) Other Records
(c) Notice of an Order or Judgment
(d) Custody of Records and Papers
Rule 46. Attorneys
(a) Admission to the Bar
(1) Eligibility
(2) Application
(3) Admission Procedures
(b) Suspension or Disbarment
(1) Standard
(2) Procedure
(3) Order
(c) Discipline

 Interim Local Rule 46.1.  Attorney Admission and Discipline

(a) Admission Requirements; Procedures
(b) Change in Contact Information
(c) Fees
(d) Pro Hac Vice Admission
(e) Appearance and Argument by Eligible Law Students
(f) Suspension or Disbarment
(g) Attorneys Convicted of Crime
(h) Committee on Admissions and Grievances


Rule 47. Local Rules by Courts of Appeals

(a) Local Rules
(b) Procedure When There Is No Controlling Law

Rule 48. Masters

(a) Appointment; Powers
(b) Compensation

APPENDIX
PART A.
AMENDED PLAN TO SUPPLEMENT THE PLANS ADOPTED BY THE SEVERAL DISTRICT COURTS WITHIN THE CIRCUIT, AS REQUIRED BY THE CRIMINAL JUSTICE ACT OF 1964, 18 U.S.C. § 3006A, AS AMENDED
PART B.
REVISED SECOND CIRCUIT PLAN TO EXPEDITE THE PROCESSING OF CRIMINAL APPEALS
PART C.
CIVIL APPEALS MANAGEMENT PLAN
PART D.
GUIDELINES FOR CONDUCT OF PRE-ARGUMENT CONFERENCE UNDER THE CIVIL APPEALS MANAGEMENT PLAN
PART E.
RULES OF THE JUDICIAL COUNCIL OF THE SECOND CIRCUIT GOVERNING COMPLAINTS AGAINST JUDICIAL OFFICERS UNDER 28 U.S.C. § 372(c)
PART F.
SECOND CIRCUIT GUIDELINES CONCERNING CAMERAS IN THE COURT

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Both the FRAP and the Local Rules were searched for "NEF" and "NDA" as whole words, using Acrobat Professional software version 8.0. Neither query word was ever found in either of the two files linked below.

Linked Records:
1) FRAP and Local Rules in PDF as downloaded from 2nd Circuit site (141 pages)

http://inproperinla.com/10-01-01-2nd-circuit-rules-frap_lr-s.pdf
2) Whole site of FRAP and Local Rules of US Court of Appeals, 2nd Circuit, as downloaded (1525 page)
http://inproperinla.com/10-01-01-http___www.ca2.uscourts.gov_Rules-s.pdf






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