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The Court of Appeals for the Second Circuit has amended its Local Rules to provide for expedited appeals in some cases, and to reduce the amount of time for parties to file their main briefs.  Both take effect on December 15, 2010.

Expedited Appeals

According to the Clerk’s office:

“Effective December 15, 2010, pursuant to amended LR 31.2(b), the Court of Appeals for the Second Circuit will establish an Expedited Appeals Calendar (‘XAC’) to facilitate the prompt determination of appeals from district court orders that dismiss a complaint for (a) lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1); (b) failure to state a claim upon which relief may be granted under Fed. R. Civ. P. 12(b)(6); or (c) filing a frivolous complaint, or for any other ground specified in 28 U.S.C. §1915(e)(2).”

If an Appellant indicates that its complaint has been dismissed for any of these reasons, the Clerk will notify the parties that the appeal has been placed on the XAC.  The expedited schedule will be as follows:

  • The Appellant’s brief will be due 35 days from the Clerk’s notification.
  • The Appellee’s brief will be due 35 days after the Appellant’s brief.
  • The Appellant’s reply will be due 14 days after Appellee’s brief.

Brief reduction

Unless an appeal has been placed on the XAC, new cases and cases pending as of December 15, 2010, an Appellant’s main brief will be due no later than 91 days (previously it was 120 days) after the “ready date”.  The “ready date” is defined in FRAP 15 and LR 31.2 (a)(1)(A).  The Appellee’s brief must be filed no later than 91 days after the filing of the Appellant’s brief.

Appellants and Appellees may be able to file under the previous rule if they have filed a schedule notification prior to December 15, the record is voluminous or the deadline poses an extreme hardship.  According to this notice:

“An appellant who files a scheduling notification prior to December 15, 2010 may request a brief filing date pursuant to the prior 120-day rule.

An appellant who files a scheduling notification on December 15, 2010 or thereafter must request a brief filing date pursuant to the new 91-day rule, unless the record is voluminous or the deadline poses an extreme hardship pursuant to LR 31.2(a)(1)(D).

An appellee who files a scheduling notification prior to December 15, 2010 may request a brief filing date pursuant to the 120-day rule.

An appellee who files a scheduling notification on December 15, 2010 or thereafter must request a brief filing date pursuant to the new 91-day rule, unless the record is voluminous or the deadline poses an extreme hardship pursuant to LR 31.2(a)(1)(D).”

A clean version of the amendments is available here.  A blacklined version can be downloaded here.

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