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| 1 | Ninth Circuit Civil Appeals Toolkit Resources to assist attorneys in litigating a civil appeal to the US Court of Appeals for the Ninth Circuit, including guidance on commencing the appeal, preparing the briefs and excerpts of record and presenting oral argument to the court. | Practice Note: Overview | Maintained |
| 2 | Second Circuit Civil Appeals Toolkit Resources to assist attorneys in litigating a civil appeal to the US Court of Appeals for the Second Circuit, including guidance on commencing the appeal, preparing the briefs and appendix and presenting oral argument to the court. | Practice Note: Overview | Maintained |
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| 1 | Federal Circuit Appeals: Appellee's Brief and Reply Brief This Practice Note addresses the end of the briefing process in appeals to the US Court of Appeals for the Federal Circuit from an order or judgment of a federal district court, the US Court of International Trade or the US Court of Federal Claims. The Note explains the content, formatting, service and filing requirements for appellees' briefs and reply briefs. It also addresses mandatory settlement discussions that are part of the Federal Circuit briefing process. Finally, the Note explains how parties may submit supplemental authorities (by means of so-called FRAP 28(j) or Rule 28(j) letters). | Practice Notes | Maintained |
| 2 | Federal Circuit Appeals: Appendix This Practice Note addresses the preparation and submission of the appendix in appeals to the US Court of Appeals for the Federal Circuit from a federal district court, the US Court of Federal Claims or the US Court of International Trade. The Note explains how the parties prepare the appendix and what parts of the record on appeal they must include or exclude. The Note also addresses how to format, serve and file the appendix. | Practice Notes | Maintained |
| 3 | Federal Circuit Appeals: Briefing Schedule and Appellant's ... This Practice Note addresses the beginning of the briefing process in appeals to the US Court of Appeals for the Federal Circuit from an order or judgment of a federal district court, the US Court of International Trade or the US Court of Federal Claims. The Note explains the briefing schedule in the Federal Circuit, the process for extending or expediting the schedule and the sanctions parties may incur if they do not comply with the schedule. The Note also explains the content, formatting, service and filing requirements for an appellant's brief. | Practice Notes | Maintained |
| 4 | Federal Circuit Appeals: Cross-appeals and Amicus Curiae ... This Practice Note addresses two variations on the usual process for briefing appeals to the US Court of Appeals for the Federal Circuit from a federal district court, the US Court of International Trade or the US Court of Federal Claims. Specifically, the Note explains the procedures governing cross-appeals and amicus curiae briefs (also known as friend of the court briefs). | Practice Notes | Maintained |
| 5 | Federal Circuit Appeals: Initiating an Appeal This Practice Note explains the procedure for commencing an appeal to the US Court of Appeals for the Federal Circuit from an order or judgment of a federal district court, the US Court of International Trade or the US Court of Federal Claims. The Note addresses preliminary considerations, taking an appeal as of right and petitioning for permission to appeal. | Practice Notes | Maintained |
| 6 | Federal Circuit Appeals: Post-Initiation Filings and Mediation ... This Practice Note addresses the process between initiation and briefing in an appeal to the US Court of Appeals for the Federal Circuit from an order or judgment of a federal district court, the US Court of International Trade or the US Court of Federal Claims. The Note covers using the Federal Circuit's case management/electronic case filing (CM/ECF) system, ordering trial court transcripts, preparing the record on appeal and filing entries of appearance, certificates of interest and docketing statements. The Note also explains the Federal Circuit's mandatory mediation program. | Practice Notes | Maintained |
| 7 | Looking ahead tracker: developments in dispute resolution A tracker outlining anticipated key developments in litigation and alternative dispute resolution (ADR). | Practice Notes | Maintained |
| 8 | Ninth Circuit Civil Appeals: Appellee's Brief and Reply Brief This Practice Note addresses the preparation and submission of the appellee's brief and the reply brief in appeals to the US Court of Appeals for the Ninth Circuit from a federal district court's order or judgment in a civil action. The Note explains the content, formatting, service and filing requirements for both types of briefs. | Practice Notes | Maintained |
| 9 | Ninth Circuit Civil Appeals: Briefing Schedules and Appellant's ... This Practice Note addresses the setting of briefing schedules and the preparation and submission of appellants' briefs in appeals to the US Court of Appeals for the Ninth Circuit from a federal district court's order or judgment in a civil action. The Note explains how the Ninth Circuit schedules the parties' briefs, how the parties may obtain extensions of the schedule and what sanctions they may incur if they fail to comply with the schedule. The Note also explains the content, formatting, service and filing requirements for an appellant's brief. | Practice Notes | Maintained |
| 10 | Ninth Circuit Civil Appeals: Cross-appeals, Joint Briefs ... This Practice Note addresses four briefing issues that may arise in appeals to the US Court of Appeals for the Ninth Circuit from a federal district court's order or judgment in a civil action. The Note first explains how parties brief cross-appeals. Next, the Note explains how and why separately represented parties may file joint briefs. The Note also sets out the process for submitting supplemental authorities after briefing is completed (by means of so-called Rule 28(j) letters). Finally, the Note explains how and when a non-party may file an amicus curiae brief (also known as a friend of the court brief). | Practice Notes | Maintained |
| 11 | Ninth Circuit Civil Appeals: Excerpts of Record This Practice Note explains the preparation and submission of the excerpts of record in appeals to the US Court of Appeals for the Ninth Circuit from a federal district court's order or judgment in a civil action. The excerpts of record replace the appendix in the Ninth Circuit. The Note explains the content, formatting, service and filing requirements for the excerpts. The Note also explains how parties may submit supplemental excerpts of record and further excerpts of record. | Practice Notes | Maintained |
| 12 | Ninth Circuit Civil Appeals: Initiating An Appeal This Practice Note explains the procedure for initiating an appeal to the US Court of Appeals for the Ninth Circuit from a federal district court's order or judgment in a civil action. The Note addresses preliminary considerations, taking an appeal as of right and petitioning for permission to appeal. | Practice Notes | Maintained |
| 13 | Ninth Circuit Civil Appeals: Motions This Practice Note addresses motion practice in appeals to the US Court of Appeals for the Ninth Circuit from a federal district court's order or judgment in a civil action. The Note also covers voluntary discontinuance of an appeal. | Practice Notes | Maintained |
| 14 | Ninth Circuit Civil Appeals: Oral Argument, Disposition and ... This Practice Note covers oral argument, disposition and rehearing in appeals to the US Court of Appeals for the Ninth Circuit from a federal district court's order or judgment in a civil action. The Note explains the availability, scheduling and conduct of oral argument. It also explains the Ninth Circuit's issuance of opinions, memoranda and orders deciding appeals, as well as the process for the prevailing party to recover costs. Finally, the Note addresses both panel rehearing and rehearing en banc. | Practice Notes | Maintained |
| 15 | Ninth Circuit Civil Appeals: Post-Initiation Filings and ... This Practice Notes addresses the process between initiation and briefing in an appeal to the US Court of Appeals for the Ninth Circuit from a federal district court's order or judgment in a civil action. The Note covers using the Ninth Circuit's case management/electronic case filing (CM/ECF) system, ordering district court transcripts, preparing the record on appeal and filing mediation questionnaires and notices of appearance. The Note also explains the Ninth Circuit's mandatory mediation program. | Practice Notes | Maintained |
| 16 | Preliminary Injunctive Relief: Appeals A Practice Note addressing the process of appealing an order granting or denying preliminary injunctive relief. Specifically, this Note guides counsel through determining whether an appeal may be taken, the procedure for taking an appeal and the standard of review applied by the appellate court. | Practice Notes | Maintained |
| 17 | Second Circuit Civil Appeals: Amicus Curiae Briefs This Practice Note addresses the preparation and submission of amicus curiae briefs (also known as friend of the court briefs) in appeals to the US Court of Appeals for the Second Circuit from a federal district court's order or judgment in a civil action. | Practice Notes | Maintained |
| 18 | Second Circuit Civil Appeals: Appellant's Brief and Appendix This Practice Note addresses the preparation and submission of the appellant's brief and the appendix in appeals to the US Court of Appeals for the Second Circuit from a federal district court's order or judgment in a civil action. This Note also explains the process for setting briefing schedules. | Practice Notes | Maintained |
| 19 | Second Circuit Civil Appeals: Appellate Motions This Practice Note addresses motion practice in appeals to the US Court of Appeals for the Second Circuit from a federal district court's order or judgment in a civil action. The Note also covers voluntary discontinuance of an appeal. | Practice Notes | Maintained |
| 20 | Second Circuit Civil Appeals: Appellee's Brief, Reply Brief and ... This Practice Note addresses the preparation and submission of the appellee's brief and the reply brief in appeals to the US Court of Appeals for the Second Circuit from a federal district court's order or judgment in a civil action. This Note also explains how to brief cross-appeals and how to submit supplemental authorities (by means of so-called Rule 28(j) letters). | Practice Notes | Maintained |
| 21 | Second Circuit Civil Appeals: Initiating an Appeal This Practice Note explains the process for starting an appeal to the US Court of Appeals for the Second Circuit from a federal district court's order or judgment in a civil action. This Note covers preliminary considerations, taking an appeal as of right, petitioning for permission to appeal and cost bonds. | Practice Notes | Maintained |
| 22 | Second Circuit Civil Appeals: Oral Argument, Disposition and ... This Practice Note addresses oral argument, disposition and rehearing in appeals to the US Court of Appeals for the Second Circuit from a federal district court's order or judgment in a civil action. | Practice Notes | Maintained |
| 23 | Second Circuit Civil Appeals: Post-Initiation Filings and CAMP ... This Practice Note explains the process between initiation and briefing in an appeal to the US Court of Appeals for the Second Circuit from a federal district court's order or judgment in a civil action. The Note covers using the Second Circuit's case management/electronic case filing (CM/ECF) system, ordering transcripts, preparing the record on appeal and filing notices of appearance. The Note also explains the Second Circuit's mandatory settlement program, known as the Civil Appeals Management Plan (CAMP). | Practice Notes | Maintained |
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| 1 | Ninth Circuit Amicus Brief A sample brief to be used by an amicus curiae in an appeal before the US Court of Appeals for the Ninth Circuit that provides legal support for an appellant or appellee. This sample reflects the formatting and content requirements imposed by Federal Rules of Appellate Procedure (FRAP) and the local rules of the Ninth Circuit. This Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 2 | Ninth Circuit Appellant's Brief A sample brief to be used by the appellant in an appeal before the US Court of Appeals for the Ninth Circuit that provides legal and factual support for reversal of a US district court's civil judgment or order. This sample reflects the formatting and content requirements imposed by the Federal Rules of Appellate Procedure (FRAP) and the Local Rules of the Ninth Circuit. This Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 3 | Ninth Circuit Appellant's Reply Brief A sample brief to be used by an appellant in reply to an appellee's brief before the US Court of Appeals for the Ninth Circuit that provides further support for the arguments in the appellant's opening brief and refutes the arguments in the appellee's brief. This sample reflects the formatting and content requirements imposed by the Federal Rules of Appellate Procedure (FRAP) and the Local Rules for the Ninth Circuit. This Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 4 | Ninth Circuit Appellee's Brief A sample appellee's brief used in the US Court of Appeals for the Ninth Circuit that provides legal and factual support for affirming a US district court's civil judgment or order. This sample reflects the formatting and content requirements imposed by the Federal Rules of Appellate Procedure (FRAP) and the Local Rules of the Ninth Circuit. The Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 5 | Ninth Circuit Excerpts of Record (Less Than 75 Pages) A sample document for excerpts of record document to be used in the US Court of Appeals for the Ninth Circuit when the excerpts of record total less than 75 pages. The excerpts of record provide the relevant portions of the case record from the US district court to which the appellant and the appellee wish to direct the court's attention. This sample reflects the formatting and content requirements imposed by the Federal Rules of Appellate Procedure (FRAP) and the local rules for the Ninth Circuit. The Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 6 | Ninth Circuit Excerpts of Record (More Than 75 Pages) A sample document for excerpts of record to be used in the US Court of Appeals for the Ninth Circuit when the excerpts of record total more than 75 pages. The excerpts of record provide the relevant portions of the case record from the US district court to which the appellant and the appellee wish to direct the court's attention. This sample reflects the formatting and content requirements imposed by the Federal Rules of Appellate Procedure (FRAP) and the local rules for the Ninth Circuit. The Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 7 | Notice of Appeal (Federal) This notice of appeal may be used to commence an appeal as of right in a civil action in federal district court. This Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 8 | Second Circuit Amicus Brief A sample brief to be used by an amicus curiae in an appeal before the US Court of Appeals for the Second Circuit that provides legal support for an appellant or appellee. This sample reflects the formatting and content requirements imposed by the Federal Rules of Appellate Procedure (FRAP) and the local rules of the Second Circuit. The Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 9 | Second Circuit Appellant's Brief A sample brief to be used by the appellant in an appeal before the US Court of Appeals for the Second Circuit that provides legal and factual support for reversal or vacatur of a US district court's civil judgment or order. This sample reflects the formatting and content requirements imposed by the Federal Rules of Appellate Procedure (FRAP) and the Local Rules of the Second Circuit. The Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 10 | Second Circuit Appellant's Reply Brief A sample brief to be used by an appellant in reply to an appellee's brief before the US Court of Appeals for the Second Circuit that provides further support for the arguments in the appellant's opening brief and refutes the arguments in the appellee's brief. This sample reflects the formatting and content requirements imposed by the Federal Rules of Appellate Procedure (FRAP) and the Local Rules of the Second Circuit. The Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 11 | Second Circuit Appellee's Brief A sample brief to be used by the appellee in the US Court of Appeals for the Second Circuit that provides legal and factual support for affirming a US district court's civil judgment or order. This sample reflects the formatting and content requirements imposed by the Federal Rules of Appellate Procedure (FRAP) and the Local Rules of the Second Circuit. The Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
| 12 | Second Circuit Appendix A sample appendix to be used in the US Court of Appeals for the Second Circuit. The appendix provides the relevant portions of the case record from the US district court to which the appellant and the appellee wish to direct the court's attention. This sample reflects the formatting and content requirements imposed by the Federal Rules of Appellate Procedure (FRAP) and the Local Rules of the Second Circuit. The Standard Document has integrated drafting notes with important explanations and drafting tips. | Standard Documents | Maintained |
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| 1 | ED Pa. Formatting Checklist: Notice of Appeal A Checklist of formatting rules for notices of appeal filed in the US District Court for the Eastern District of Pennsylvania. Be sure to check the assigned judge’s individual practice rules for additional formatting requirements. | Checklists | Maintained |
| 2 | EDNY Formatting Checklist: Notice of Appeal A Checklist of formatting rules for a notice of appeal filed in the US District Court for the Eastern District of New York. Be sure to check the assigned judge's individual practice rules for additional formatting requirements. | Checklists | Maintained |
| 3 | ND Cal. Formatting Checklist: Notice of Appeal A Checklist of formatting rules for notices of appeal filed in the US District Court for the Northern District of California. The assigned judge's individual practice rules may contain additional formatting requirements. | Checklists | Maintained |
| 4 | ND Ill. Formatting Checklist: Notice of Appeal A Checklist of formatting rules for notices of appeal filed in the US District Court for the Northern District of Illinois. Be sure to check the assigned judge's individual practice rules for additional formatting requirements. | Checklists | Maintained |
| 5 | Ninth Circuit Appellate Briefs Checklist A Checklist providing the content, formatting and service requirements for the appellant's brief, appellee's brief, appellant's reply brief, amicus brief and the excerpts of record (appendix) filed in appeals to the US Court of Appeals for the Ninth Circuit. | Checklists | Maintained |
| 6 | Ninth Circuit Formatting Checklist: General Formatting ... A checklist of general formatting rules applicable to documents filed in the US Court of Appeals for the Ninth Circuit. | Checklists | Maintained |
| 7 | Ninth Circuit Formatting Checklist: Motion for a Stay Pending ... A checklist of formatting rules applicable to motions for a stay pending appeal filed in the US Court of Appeals for the Ninth Circuit. | Checklists | Maintained |
| 8 | Ninth Circuit Formatting Checklist: Motion for an Extension of ... A checklist of formatting rules applicable to motions for an extension of time to file a brief filed in the US Court of Appeals for the Ninth Circuit. | Checklists | Maintained |
| 9 | Ninth Circuit Formatting Checklist: Motion to Exceed the Page ... A checklist of formatting rules applicable to motions to exceed the page or type-volume limitation filed in the US Court of Appeals for the Ninth Circuit. | Checklists | Maintained |
| 10 | Ninth Circuit Standards of Review Checklist This Checklist explains the different standards of review used by the United States Court of Appeals for the Ninth Circuit and provides examples of when the court applies the different standards of review. | Checklists | Maintained |
| 11 | SD Fla. Formatting Checklist: Notice of Appeal A Checklist of formatting rules for notices of appeal filed in the US District Court for the Southern District of Florida. Be sure to check the assigned judge’s individual practice rules for additional formatting requirements. | Checklists | Maintained |
| 12 | Second Circuit Appellate Briefs Checklist A Checklist providing the content and formatting requirements for the appellant's brief, appellee's brief, appellant's reply brief, amicus brief and appendix filed in the US Court of Appeals for the Second Circuit after the commencement of an appeal. | Checklists | Maintained |
| 13 | Second Circuit Formatting Checklist: General Formatting ... A checklist of general formatting rules applicable to documents filed in the US Court of Appeals for the Second Circuit. | Checklists | Maintained |
| 14 | Second Circuit Formatting Checklist: Motion for Permission to ... A checklist of formatting rules applicable to motions for permission to file an oversize brief filed in the US Court of Appeals for the Second Circuit. | Checklists | Maintained |
| 15 | Second Circuit Formatting Checklist: Motion for a Stay ... A checklist of formatting rules applicable to motions for a stay pending appeal filed in the US Court of Appeals for the Second Circuit. | Checklists | Maintained |
| 16 | Second Circuit Formatting Checklist: Motion for an Extension ... A checklist of formatting rules applicable to motions for an extension of time to file a brief filed in the US Court of Appeals for the Second Circuit. | Checklists | Maintained |
| 17 | Second Circuit Standards of Review Checklist A Checklist that explains the different standards of review used by the United States Court of Appeals for the Second Circuit and provides examples of when the court applies a particular standard of review. | Checklists | Maintained |
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| 1 | Sixth Circuit: Incorrect Docket Number Does Not Make E-filed ... In Shuler v. Garrett, the US Court of Appeals for the Sixth Circuit reversed a lower court opinion and ruled that an electronically filed motion received by the clerk of the court within the specified time period should be considered timely even though it was filed under an incorrect docket number. | Legal Update: archive | 14-May-2013 |
| 2 | Crackdown in the Seventh Circuit This Legal Update highlights a recent trend towards the increased use of sanctions in the US Court of Appeals for the Seventh Circuit. Dissatisfied with both the arguments and conduct of the parties and attorneys appearing before it, the court has repeatedly imposed or threatened sanctions in the first few months of the year. | Legal Update: archive | 23-Apr-2013 |
| 3 | Avoiding Procedural Dismissals in the Second Circuit This Legal Update highlights resources for lawyers appealing to the US Court of Appeals for the Second Circuit. | Legal Update: archive | 26-Feb-2013 |
| 4 | Supreme Court: Appeal of Hague Convention Child Abduction ... On February 19, 2013, the US Supreme Court held in Chafin v. Chafin that the execution of a return order under the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act does not render an appeal of the order moot. | Legal Update: archive | 22-Feb-2013 |
| 5 | Federal Circuit Clarifies Pleading Standard for Design Patent ... In Hall v. Bed Bath & Beyond, Inc., the US Court of Appeals for the Federal Circuit reversed a district court's decision dismissing the plaintiff's design patent infringement claim. The Federal Circuit found that the district court erred in its interpretation of the pleading standard for design patent infringement claims. | Legal Update: archive | 28-Jan-2013 |
| 6 | Second Circuit: No Extension of Time to Appeal If Failure to ... The US Court of Appeals for the Second Circuit, in Communications Network International, Ltd. v. MCI Worldcom Communications, Inc., reversed the district court's order granting the defendant's motion to reopen the time within which to appeal, finding that the defendant's failure to update its contact information according to the court's rules was the reason it did not receive the entry of judgment. | Legal Update: archive | 25-Jan-2013 |
| 7 | Federal Circuit: Arbitrary Contingency Payment in Patent ... The US Court of Appeals for the Federal Circuit issued an opinion in Allflex USA, Inc. v. Avid Identification Systems, Inc., holding that parties cannot manufacture appellate jurisdiction after settlement by stipulating to an arbitrary amount of damages to be paid to the winner on appeal. | Legal Update: archive | 22-Jan-2013 |
| 8 | Second Circuit: Discovery Sanction Not Reviewable under ... The US Court of Appeals for the Second Circuit issued a decision in Linde v. Arab Bank, PLC denying Arab Bank, PLC's request for immediate appellate review of a discovery sanction in the form of an adverse jury instruction permitting the jury to find that the bank knowingly financed terrorist activity. | Legal Update: archive | 22-Jan-2013 |
| 9 | First Circuit: De Novo the New Standard for Reviewing ... In Union de Empleados de Mulles de Puerto Rico PRSSA Welfare Plan v. UBS Financial Services, the US Court of Appeals for the First Circuit held that appeals of dismissals based on a party's failure to plead demand futility in a shareholder derivative complaint are subject to de novo review. This ruling clarifies the First Circuit's standard and makes it easier for plaintiffs to appeal dismissals of this type. | Legal Update: archive | 08-Jan-2013 |
| 10 | Tenth Circuit: Private Party Not Entitled to Interlocutory Appeal ... In Auraria Student Housing at the Regency, LLC v. Campus Village Apartments, LLC, the US Court of Appeals for the Tenth Circuit, joining an existing circuit split, held that the denial of Parker immunity, also known as state action immunity, is not immediately appealable by private parties in antitrust actions. | Legal Update: archive | 08-Jan-2013 |
| 11 | Wal-Mart Barred from Appealing Denial of its Motion to ... A California federal judge rejected Wal-Mart's bid to appeal the denial of its motion to dismiss its gender discrimination case. The case will proceed to the class certification phase in January 2013. | Legal Update: archive | 11-Dec-2012 |
| 12 | Appeal from Settlement Dismissed as Moot Despite Party's ... In Yunker v. Allianceone Receivables Mgmt., the US Court of Appeals for the Eleventh Circuit dismissed, as moot, a defendant's appeal from a post-settlement final judgment even though the defendant had expressly reserved its right to appeal in the settlement itself. | Legal Update: archive | 19-Nov-2012 |
| 13 | Federal Circuit to Require Electronic Case Filing The US Court of Appeals for the Federal Circuit recently issued notice of a new mandatory electronic case filing (or e-filing) rule that goes into effect on May 17, 2012. Appeals opened or reinstated on March 1, 2012 or later will be assigned to the Federal Circuit's Case Management/Electronic Case Files (CM/ECF) system. | Legal Update: archive | 03-May-2012 |