Using a Deferred Appendix in the US Court of Appeals for the Second Circuit

Using a Deferred Appendix in the US Court of Appeals for the Second Circuit | Liza Bobo

{1:42 minutes to read} As we explained in this earlier article, in the Second Circuit Court of Appeals, the parties must agree on the contents of the Joint Appendix before the case is served/filed/ECF filed; if they don’t, then this situation must be brought to the case manager’s attention. Most often, parties know what they want to argue in their briefs and therefore have no trouble agreeing to the contents of the Joint Appendix, but, if the lower court documents are voluminous or the parties need more time to designate the contents of the Joint Appendix, then in these situations, under Second Circuit Local Rule 30.1(c) and FRAP. 30(c), the parties can stipulate to using a Deferred Appendix, or (if the appellee doesn’t agree) the appellant can move for leave to file a Deferred Appendix.

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