Submitting a rule-compliant brief in the Federal circuit courts can be difficult work because of the interplay of the Federal Rules of Appellate Procedure with your Circuit’s Local Rules. Oftentimes there are also Practice Guides to be familiar with. The 2nd Circuit Court of Appeals is no exception. What follows is not meant to be a comprehensive list of rules to file a compliant brief in the 2nd Circuit. You should rely on FRAP and the 2nd Circuit’s Local Rules for that. Instead, what follows are the basics of what you need to know to file briefs in the 2nd Circuit Court of Appeals.
- The basics of brief formatting: the brief must be on 8 1/2 x 11 inch paper typed in 14 point font using a serif font with one inch margins on all sides.
- The brief must be bound in a booklet that lays reasonably flat when open. Only one side of each page may contain printing.
- The docket number on the cover must be one inch high.
- The title of the brief on the cover must identify the party or parties for whom the brief is filed.
- The case caption on the cover must contain all parties as listed on the docket. If the parties are too numerous to list on the cover, then they should be listed on a “list of parties” page in the index.
- The brief needs a signature, but an ink-on-page signature is not necessary. An electronic signature will satisfy the rule.
- The PDF file of the brief must be sequentially paginated. This means that the page numbers of the PDF file must directly correspond to the actual page numbers of the printed brief. For example, page iii of the brief must be page iii of the PDF.
- If your brief is an appellant’s brief, the statement of the case must describe the nature of the case and the relevant procedural history; identify the judge or agency official who rendered the decision being appealed from; indicate the disposition below; and cite the decision or supporting opinion, if reported.
- You must submit 6 copies of the brief to the Court within 3 days of ECF filing. Service of paper copies is not required so long as the recipient is a registered ECF user.
- The appendix must contain the list of docket entries from the lower court followed by the relevant portions of the pleadings, charge, findings, or opinion; the judgment, order, or decision in question; the notice of appeal; and other parts of the record to which the parties wish to direct the court’s attention. These documents must be placed in chronological order.
- An appendix is not required in an in forma pauperis, social security, or immigration case. However, an addendum containing the order being appealed is required.