Attorneys often assume that even though court rules normally permit judges to punish parties for violations, judges rarely invoke that power. After all, cases are supposed to be decided on the merits rather than procedural technicalities.

In the last several months, however, the US Court of Appeals for the Second Circuit has repeatedly refused to reach the merits where the appellant committed procedural violations. For example, the court has dismissed appeals for failure to:

In another appeal, the Second Circuit observed that failing to provide it with the trial court transcript and identify where in the transcript the district court erred is a basis for dismissal (Fahie v. Rivera, No. 11-4081, , at *1 (2d Cir. Feb. 4, 2013)). While the court still considered the pro se appellant's arguments in that case, counseled parties should not expect that kind of leniency.

To avoid these types of dismissals and have their arguments considered by the Second Circuit, attorneys must comply with the applicable rules. For explanations of the federal and local rules and practical tips on completing the procedural steps necessary to have an appeal decided on the merits, see Second Circuit Civil Appeals Toolkit. This Toolkit contains continuously maintained resources covering topics such as initiating an appeal, preparing the record on appeal and appendix, briefing the appeal, presenting oral argument and petitioning for (or opposing) rehearing.