Important Federal Circuit & New York Updates

November 12, 2019

Important Federal Circuit & New York Updates

FILER GUIDANCE CONCERNING 2019 AMENDMENTS TO THE FEDERAL RULES OF APPELLATE PROCEDURE

On December 2, 2019, the court will issue an updated version of the Federal Circuit Rules of Practice incorporating any adopted amendments to the Federal Rules of Appellate Procedure. Filers are advised that to the extent that the December 2019 Federal Rule of Appellate Procedure amendments eliminate the proof of service requirement for electronic filing, beginning December 1, 2019, the Federal Circuit will no longer treat as non-compliant electronically-filed documents that otherwise comply with the proof of service requirements of amended Federal Rule of Appellate Procedure 25(d).  The full notice is available here.  

U.S. District Court, Southern District of New York: The court has launched its new website. It is ADA and mobile device compliant.  See link: https://nysd.uscourts.gov/

NY Appellate Division, First Department

The Appellate Division, First Department, has announced expansion of their electronic filing (eFiling) coverage:

Expansion of eFiling

The First Department is expanding the categories of appeals that will be subject to eFiling. Beginning on January 1, 2020, eFiling will be mandatory in:

  1. All case types eFiled (mandatory or consensual) in the Supreme Court, Bronx and New York Counties; and
  2. Contested Matrimonial.

This expansion of mandatory eFiling will be effective as follows:

  • Matters in which notices of appeal are dated on or after January 1, 2020;
  • Matters in which notices of appeal are dated prior to January 1, 2020 and where the appeal will be perfected on or after March 1, 2020. In these matters, compliance with the requirements of 22 NYCRR 1245.3(a) (Entry of Initial Information for Electronic Filing) will be measured from January 1, 2020.
  • Appeals in the above case types which have already been perfected are exempt from the mandatory eFiling requirements.

Mandatory eFiling requires all documents, as defined in 22 NYCRR 1245.1(d), to be eFiled.

NY Supreme Court Civil Division

Emergency Applications ONLY

For emergency applications in Supreme Court Civil cases, outside of regular business hours, call (800) 430-8457, or email emergency@nycourts.gov.

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