Second Circuit Civil Appeals Toolkit | Practical Law

Second Circuit Civil Appeals Toolkit | Practical Law

Resources to assist attorneys litigating a civil appeal to the US Court of Appeals for the Second Circuit. These resources provide guidance on starting the appeal, preparing the briefs and appendix, making motions, presenting oral argument to the court, and petitioning for rehearing.

Second Circuit Civil Appeals Toolkit

Practical Law Toolkit 2-523-5771 (Approx. 8 pages)

Second Circuit Civil Appeals Toolkit

by Practical Law Litigation
MaintainedUSA (National/Federal)
Resources to assist attorneys litigating a civil appeal to the US Court of Appeals for the Second Circuit. These resources provide guidance on starting the appeal, preparing the briefs and appendix, making motions, presenting oral argument to the court, and petitioning for rehearing.
When litigating a civil action in federal district court, a party generally has the right to appeal to a federal court of appeals (also known as a circuit court) from a final order or judgment that awards relief against it or denies some of the relief it sought (28 U.S.C. §§ 1291 and 1295; Forney v. Apfel, 524 U.S. 266, 271 (1998)). An aggrieved party normally also has the right to appeal from certain types of interlocutory orders, such as orders granting or denying injunctions (28 U.S.C. § 1292(a)). If an order or judgment is not appealable as of right, an aggrieved party may often petition for permission to appeal (FRAP 5(a); FRCP 23(f); 28 U.S.C. §§ 1292(b) and 1453(c)(1)).
The US Court of Appeals for the Second Circuit hears most appeals from federal district courts in Connecticut, New York, and Vermont (28 U.S.C. §§ 41 and 1294). This Toolkit contains resources explaining the process for litigating civil appeals in the Second Circuit, including:
  • How to start an appeal.
  • How to use the Second Circuit's electronic filing systems, Appellate Case Management System (ACMS) and Case Management/Electronic Case Filing (CM/ECF).
  • What preliminary steps the court requires before a party can address the merits of the appeal.
  • How to prepare the appellate briefs and the appendix (which contains the relevant portions of the factual record from the district court).
  • How to make motions, if necessary.
  • How to present oral argument to the court.
  • What steps a party may take after the court decides the appeal, such as petitioning for rehearing en banc.