Looking for a California Judicial Council Forms And Templates? Download it for free!

How To Appeal As A Pro Se Party To The United States Court Of Appeals For The Second Circuit - U.s. Court Of Appeals For The Second Circuit Page 3

It is important to file the brief and appendix by the date given in the scheduling notification. The

Court does not grant requests to extend the time to file a brief or appendix unless the reason for the

request is extraordinary.

PROCEDURES FOR ORAL ARGUMENT

Within 14 days after the last appellee or respondent’s brief is filed, each party, including a pro se

party, must file with the Court an Oral Argument Statement. LR 34.1(a).

The Court may choose to determine any case on the submission of the briefs, i.e., without oral

argument. When the Court decides to hear an appeal on submission, the clerk informs the parties.

Certain types of immigration appeals are routinely determined by the Court on submission of the briefs.

Each set of instructions explains the Court’s practices regarding oral argument.

PROCEDURES FOLLOWING THE COURT’S DECISION

When the Court issues (1) an opinion pursuant to which a final judgment is entered or (2) a

summary order and judgment disposing of the appeal, a party may file a petition asking that the panel of

three judges rehear the case. A party also may file a petition for rehearing en banc which asks that all the

active judges on the Court rehear the case.

When the Court disposes of an appeal by a final three-judge order without entry of a separate

judgment, a party may file a motion for panel reconsideration and a motion for reconsideration en banc.

See LR 40.2. The motion must comply with the requirements for filing a petition for rehearing or

rehearing en banc.

Also, within 14 days after the Court files the decision in a case, the winning party may seek costs

of bringing or defending the appeal against the losing party. If the United States is a party in the case,

costs may be assessed only if authorized by law.

Within 90 after the Court files the judgment or denies a petition for rehearing, a party may file a

petition for a writ of certiorari with the United States Supreme Court.

The Court’s authority to handle a case, called jurisdiction, ends when the Court issues the

mandate to the district court or agency. The mandate usually issues either 21 days (52 days in a civil case

if the United States is a party) after the decision is filed or, if a petition for rehearing is filed, 7 days after

the petition for rehearing is denied.

Each of these procedures is explained in the instructions.

How To Appeal As A Pro Se Party To The United States Court Of Appeals For The Second Circuit - U.s. Court Of Appeals For The Second Circuit Page 3