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Appeals Timetable


 

Appeals Timeline

·         Notice of appeal—filed within 14 days of entry of judgment (or within 14 days of the entry of an order on a motion under Fed. R. Crim. P. 29, 33, or 34).  F.R.A.P. 4(b).

·         Order transcript (or file certificate that no transcript will be ordered) within 14 days of notice of appeal (use Transcript Information Form B).  F.R.A.P. 10(b); Local Rule 12.2.

·         Court will send docketing notice (but see below)—the Acknowledgment & Notice of Appearance Form is due within 14 days.  F.R.A.P. 12(b); Local Rule 12.3.

·         Transcript filed by court reporter—within 14 days must notify court of appeals in writing as to the due date for brief (up to 91 days, unless voluminous).  Local Rule 31.2(a)(1).

·         Appellant brief filed—appellee notifies court of appeals in writing of due date for appellee brief (up to 91 days).  Local Rule 31.2(a)(1).

·         Appellee brief filed:

-   Reply brief due within 14 days.  Local Rule 31.2(a)(2).

-   Oral Argument Statement Form due within 14 days.  Local Rule 34.1(a).

·         Decision/Judgment Issued:

-   Petition for Rehearing or Rehearing En Banc due/filed within 14 days (cannot exceed 15 pages; no word-limit exception).  F.R.A.P. 35 & 40; Local Rules 35.1 & 40.1.

-   Mandate issues 21 days after the entry of the judgment or 7 days after order denying rehearing.  F.R.A.P. 41.

-   Petition for writ of certiorari due “within 90 days after entry of the judgment.”  Sup. Ct. R. 13(1).  The due date does not run from the date of the mandate; if a timely petition for rehearing or for rehearing en banc is filed, the due date “runs from the date of the denial of rehearing or, if rehearing is granted, the subsequent entry of judgment.”  Sup. Ct. R. 13(2).

Note:   In some cases, appeals have not been docketed with the Second Circuit in a timely manner.  Local Rule 25.2(d)(1) provides that PDFs must be submitted to newcases@ca2.uscourts.gov where the circuit clerk has not yet issued a docketing notice.  Local Rule 25.2, however, does not apply to cases initiated after January 1, 2010, but may be the best rule where no other rule governs or where you are arguably “exempt from filing electronically” because the case has not been docketed.  See Local Rule 25.2(a)(2).