UNITED STATES COURT of APPEALS for the SECOND CIRCUIT
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Clerk's Office
Thurgood Marshall United States Courthouse
40 Foley Square
New York, New York 10007
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 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 To view rules separately, click on the corresponding link from the detailed table of contents below. Federal Rules of Appellate Procedure are printed in blue; Local Rules and the Appendix following the rules are printed in green. LOCAL RULES RELATING TO THE ORGANIZATION OF THE COURT §0.11. NameFEDERAL RULES OF APPELLATE PROCEDURE TITLE I. APPLICABILITY OF RULES Rule 1. Scope of Rules; Title (a) Scope of Rules Rule 2. Suspension of RulesTITLE II. APPEAL FROM A JUDGMENT OR ORDER OF A DISTRICT COURT Rule 3. Appeal as of Right — How Taken 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 (1) Time for Filing a Notice of Appeal (c) Appeal by an Inmate Confined in an Institution 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 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 (1) Applicability of Other Rules (A) Motion for rehearing 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 (b) Proceeding Against a Surety Rule 9. Release in a Criminal Case (a) Release Before Judgment of Conviction Local Rule 9. Release in Criminal Cases Rule 10. The Record on Appeal (a) Composition of the Record on Appeal (1) Appellant’s Duty to Order (c) Statement of the Evidence When the Proceedings Were Not Recorded or When a Transcript Is Unavailable Rule 11. Forwarding the Record (a) Appellant’s Duty (1) Reporter’s Duty to Prepare and File a Transcript (c) Retaining the Record Temporarily in the District Court for Use in Preparing the Appeal Local Rule 11. Exhibits Rule 12. Docketing the Appeal; Filing a Representation Statement; Filing the Record 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 Rule 14. Applicability of Other Rules to the Review of a Tax Court DecisionTITLE 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 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 Rule 17. Filing the Record (a) Agency to File; Time for Filing; Notice of Filing Rule 18. Stay Pending Review (a) Motion for a Stay (1) Initial Motion Before the Agency (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 OrderTITLE 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 Local Rule 21. Petitions for Writs of Mandamus and Prohibition TITLE VI. HABEAS CORPUS; PROCEEDINGS IN FORMA PAUPERIS(a) Caption Rule 22. Habeas Corpus and Section 2255 Proceedings (a) Application for the Original Writ Local Rule 22. Certificate of Appealability (a) Prompt Application and Contents of Motion Rule 23. Custody or Release of a Prisoner in a Habeas Corpus Proceeding (a) Transfer of Custody Pending Review Rule 24. Proceeding In Forma Pauperis (a) Leave to Proceed In Forma Pauperis (1) Motion in the District Court TITLE VII. GENERAL PROVISIONS(b) Leave to Proceed In Forma Pauperis on Appeal or Review of an Administrative-Agency Proceeding Rule 25. Filing and Service (a) Filing (1) Filing with the Clerk (A) In general (3) Filing a Motion with a Judge
(a) Document in Digital Format 1. Documents Defined (b) Documents in Other FormatsInterim Local Rule 25.2. Appendix on CD-ROM Rule 26. Computing and Extending Time (a) Computing Time Rule 26.1. Corporate Disclosure Statement (a) Who Must File Rule 27. Motions (a) In General (1) Application for Relief (A) Grounds and relief sought (3) Response (A) Time to file (4) Reply to Response (b) Disposition of a Motion for a Procedural Order (1) Format (A) Reproduction (2) Page Limits
Local Rule 27. Motions (a) Form of Notice of Motion and Supporting Papers for Motions and Opposition Statements (b) Motions to Be Heard at Regular Sessions of the Court Rule 28. Briefs (a) Appellant’s Brief Local Rule 28. Briefs Rule 29. Brief of an Amicus Curiae (a) When Permitted Interim Local Rule 29. Brief of an Amicus Curiae Rule 30. Appendix to the Briefs (a) Appellant’s Responsibility (1) Contents of the Appendix (b) All Parties’ Responsibilities (1) Determining the Contents of the Appendix (c) Deferred Appendix (1) Deferral Until After Briefs Are Filed (d) Format of the Appendix Local Rule 30. Appendix (a) Deferred Appendix Rule 31. Serving and Filing Briefs (a) Time to Serve and File a Brief Local Rule 31. Number of Copies of Brief to be Filed with Clerk
Local Rule 32. Briefs and Appendix
(a) Use of Summary OrdersRule 33. Appeal Conferences Rule 34. Oral Argument (a) In General (1) Party’s Statement (b) Notice of Argument; Postponement Interim Local Rule 34. Oral Argument
Rule 35. En Banc Determination (a) When Hearing or Rehearing En Banc May Be Ordered Interim Local Rule 35. En Banc Procedure Rule 36. Entry of Judgment; Notice (a) Entry Rule 37. Interest on Judgment (a) When the Court Affirms Rule 38. Frivolous Appeal — Damages and Costs Local Rule 38. Other Sanctions for Delay Rule 39. Costs (a) Against Whom Assessed Local Rule 39. Costs Rule 40. Petition for Panel Rehearing (a) Time to File; Contents; Answer; Action by the Court if Granted (1) Time (b) Form of Petition; Length Interim Local Rule 40. Panel Rehearing Procedure Rule 41. Mandate: Contents; Issuance and Effective Date; Stay
(1) On Petition for Rehearing or Motion Local Rule 41. Issuance of Mandate Rule 42. Voluntary Dismissal (a) Dismissal in the District Court Rule 43. Substitution of Parties (a) Death of a Party (1) After Notice of Appeal Is Filed (b) Substitution for a Reason Other Than Death (1) Identification of Party Rule 44. Case Involving a Constitutional Question When the United States or the Relevant State Is Not a Party Rule 45. Clerk’s Duties (a) General Provisions (1) Qualifications (b) Records (1) The Docket (c) Notice of an Order or Judgment Rule 46. Attorneys (a) Admission to the Bar (1) Eligibility (b) Suspension or Disbarment (1) Standard (c) Discipline Interim Local Rule 46.1. Attorney Admission and Discipline_____________________________________ 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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