New Second Circuit Filing Rules

Effective December 15, 2010, the Second Circuit has shortened the time for briefing.  Appellant's can now request up to 91 days from the ready date to file their Brief and respondents (or appellees)  will have up to 91 days to file their brief.  The Notice is here.   

The Court has also created an expedited briefing schedule for 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 the order appealed from cites at least one of these grounds for dismissal, the parties must so identify the case by checking the appropriate box on revised Form C. The Clerk notifies the parties when an appeal is placed on the [Expedited Appeals Calendar] and sets the briefing schedule for all parties as follows: 35 days from the date of the Clerk’s notification for the appellant’s brief, 35 days from the date after the filing of the last appellant’s brief for the appellee, and 14 days from the filing of the last appellee’s brief for the reply."  The Notice is here.