Appellate Practice Committee

The next meeting of the Appellate Practice Committee is scheduled for Thursday, March 26, 2020 at 12:15PM via conference call. To participate, please dial (425) 436-6398 and enter access code 619448. If you need assistance, please contact Daniel Ortega at dortega@eriebar.org.

We will be discussing the most recent Orders below from the Courts that may impact appellate attorneys.

March 13th: Order from Hon. Frank P. Geraci, Jr., Chief Judge of the United States District Court (click here)

March 15th: Updated Memorandum from Hon. Lawrence K. Marks, Chief Administrative Judge of the State of New York Unified Court System (click here)

March 16th: Update from the United States Court of Appeals, Second Circuit (click here)

Filings – The national response to the pandemic will disrupt the ordinary course of all business activity, including the operation of the Judiciary. To minimize the disruption and assist the Court in managing Court business, all filing dates and other deadlines set out in the Federal Rules of Appellate Procedure, the Court’s Local Rules and the Court’s orders are extended or tolled by 21 days, effective today through May 17, 2020. For example, a notice of appearance or scheduling notification currently due on March 18th is now due on April 8th. A brief currently due on April 15th is now due May 6th. However, a brief due on May 20th continues to be due on May 20th.

Notwithstanding this general extension, a judge or panel may, by separate order, direct the parties to comply with a different filing date as deemed necessary in a particular case. In addition, in counseled civil cases the automatic dismissal provision in the order that set the original filing date remains in effect.

The due date for a notice of appeal, petition for review or other document that confers jurisdiction on the Court is not affected by this order. The filing dates for those papers remain as stated in the statute or rule that confers jurisdiction. Click here for Chief Judge Robert A. Katzmann’s Order.

March 17th: Order from Hon. Gerald J. Whalen, Presiding Justice of the Appellate Division, Fourth Judicial Department (click here) and update on the Court’s website (click here).

March 18th: Law360 article with update on Second Circuit Judges going fully virtual (click here)

March 19th: Order from the United States Supreme Court (attached to separate email)

Date

Mar 26 2020

Time

12:15 pm - 1:15 pm

Location

Conference Call
See meeting details for access info

Organizer

Bar Association of Erie County
Phone
716.852.8687
Email
mail@eriebar.org
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