Author Archives: Liza Bobo

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About Liza Bobo

Liza Bobo an Account Manager with Appellate Innovations in White Plains, NY.
EMAIL: lbobo@appellateinnovations.com
BIO: About Liza Bobo
PHONE: 914-948-2240

Filing Appeals in Advance Will Ensure That You Beat the Clock
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Filing Appeals in Advance Will Ensure That You Beat the Clock | Liza Bobo

{1:10 minutes to read} Summer is over, and we are transitioning into fall. Time moves quickly, and, before we know it, the end of the calendar year is upon us.

With this in mind, it’s a good idea for attorneys to consider filing the necessary papers in the appellate court sooner than later.

This is especially important in light of the time that is required to put an appeal together, which includes assembling documents, speaking with clients, etc. Should attorneys get side-tracked with meetings, court dates, and new clients, they may realize too late that they’ve run out of time.

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Appealing to the Highest Court in New York State? There’s a Specific Process to Follow
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Appealing to the Highest Court in New York State? There’s a Specific Process to Follow | Liza Bobo

{1:58 minutes to read} An appeal is sought when you are dissatisfied with an order, judgment, or decision received in the Appellate Division’s First, Second, Third and Fourth Departments.

In New York State, if you are dissatisfied with the decision from the Appellate Division, you may appeal to the New York State Court of Appeals, which is the State’s highest court. For the purpose of today’s blog, we will discuss making an application via motion[1] for permission to appeal to the Court of Appeals. And if the motion is granted, preparing a Record on Appeal.

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Best Practices When Using a Deferred Appendix
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Best Practices When Using a Deferred Appendix | Liza Bobo

{1:07 minutes to read} In my last article, we discussed using a Deferred Appendix to save money if the record is voluminous. A deferred appendix is usually filed as a Joint Appendix, on which the parties consult about what documents should be included.

Under FRAP 30(b)(2), the Appellant is responsible for the cost of preparing the Joint Appendix. Unfortunately, it sometimes becomes difficult for the appellant to recoup the cost of preparing the Joint Appendix.

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Using a Deferred Appendix in the US Court of Appeals for the Second Circuit
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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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Odd Evidence: Plan for Time, Cost & Effort in Appellate Court
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Odd Evidence: Plan for Time, Cost & Effort in Appellate Court | Liza Bobo

{2:00 minutes to read} Attorneys should expect to have cases that require crucial, out-of-the-ordinary pieces of evidence (i.e., color photos or oversized maps). Once the evidence is filed in the court of original incidence, the appellate court expects to see a precise duplicate of the original piece of evidence. In every stage and each new setting, the courts want to see like for like. If you stipulate to the color photo or use the appendix method, you can physically exclude it.

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Avoiding Oral Argument Scheduling Conflicts in the Appellate Division, First Department
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Avoiding Oral Argument Scheduling Conflicts in the Appellate Division, First Department | Liza Bobo

{2:00 minutes to read} As I’ve discussed in a separate blog entry, the Appellate Division, First Department uses a calendar system to manage its docket. Under the nine month rule (600.11(a)(3), an appellant in the First Department has nine months from the date typed on the Notice of Appeal to perfect the case by filing the Record On Appeal/Appendix; Opening Brief; and Note of Issue. With that said, although last day of the nine months is the outside limit (without requesting an extension), you can perfect your appeal for any Calendar Term within those nine months.

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Requesting Oral Argument from the Second Circuit Court of Appeals
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Requesting Oral Argument from the Second Circuit Court of Appeals | Liza Bobo

{1:50 minutes to read} You are not required to make an oral argument before the Court of Appeals for the Second Circuit. However, if you would like to argue your case, then, within 14 days after the last brief has been filed, you must fill out a form to request an oral argument, per Local Rule 34.1(a). The form can be found on the Second Circuit website here. You can call the Second Circuit directly to ask your case manager any questions about the process and to verify dates. The PACER system also has information about when the Joint Appendix and Briefs were filed.

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Document Consistency in the Appellate Process
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Document Consistency in the Appellate Process | Liza Bobo

{1:20 minutes to read} Physical documents are very important to the appellate process. For example, if there is a car accident, the physical documents will include photographs of the accident that can help attorneys prove something specific for their appeal. Or an appeal may include medical information such as x-rays, a doctor’s handwritten notes, or a photocopy related to patient admissions. The Appellate Division requires parties to submit exactly what the lower court reviewed when making the determination on the order being appealed.

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Trying to Expedite Argument Times in the Appellate Division, First Department
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Trying to Expedite Argument Times in the Appellate Division, First Department | Liza Bobo

{2:08 minutes to read} Recently, I worked with a client who was trying to determine if they were going to appeal, and if they did appeal, when would their argument be heard in the Appellate Division, First Judicial Department? As we know, the Appellate Division, First Judicial Department works on a calendar system. The Appellate Division, First Judicial Department has two rules about filing times: the 30-Day Rule and the Nine-Month Rule.

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Fixing Errors in a Brief That You Have Already Filed
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Fixing Errors in a Brief That You Have Already Filed | Liza Bobo

[2:50 minutes to read] We just had an incident with an attorney that sheds light on an important subject: how to fix an error in a brief that has already been filed. At first, with this client of ours, everything went fine, from soup to nuts: from the time we got the case, to getting a draft back to him to plug the record sites into his main appellant brief, to our serving and filing it and giving him proof of service in filing. 

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Keeping Apprised of Court Changes and Calendar Dates
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Keeping Apprised of Court Changes and Calendar Dates | Liza Bobo

{1:00 minute to read} One role of Appellate Innovations is to keep clients and attorneys apprised of court changes, rules, and calendar dates. For example, the First Department recently published new term calendar dates going forward to 2017. Also, as of June 22nd of this year, the United States Court of Appeals issued new rules about the word length of briefs. In an earlier blog post, Appellate Innovations discussed the rules about word count for briefs.

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Respondent Briefs: Rules About Calendars and Contents
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Respondent Briefs: Rules About Calendars and Contents | Liza Bobo

{1:31 minutes to read} When an appellate brief is filed in the Appellate Division, 1st and 2nd Departments, the respondent is given the opportunity to file a brief in response. The respondent’s brief replies to the arguments for appeal that have been made in the appellate brief and sets forth the respondent’s own arguments. Both the appellate and respondent briefs must adhere to the Appellate Division, 1st and 2nd Department rules about content and scheduling.

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The Importance of Reminders!
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The Importance of Reminders! | Liza Bobo

{2:40 minutes to read} Perfecting the appeal can be a lengthy process—sometimes it spans six months, nine months or longer. Things discussed when the notice of appeal was filed might be forgotten by the time the attorney is actually ready to perfect the case. That is why the information should be disseminated and discussedofteneven up until the last few days, just to make sure they are in the forefront of the attorney’s mind. 

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FaceTime Can Never Replace the Value of Meeting Face-to-Face
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FaceTime Can Never Replace the Value of Meeting Face-to-Face | Liza Bobo

{1:30 minutes to read} In the age of technology, we can reach each other in a myriad of ways: email, text, social media, FaceTime. FaceTime is an Apple program that allows people to make video calls to each other from their iPhones, iPads or computers. But FaceTime shouldn’t be confused with good, old-fashioned “face time”—meeting face-to-face.  Nine times out of ten, face-to-face meetings build stronger and more meaningful business relationships. Face-to-face meetings allows participants to really talk about their project and what they want to accomplish.

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