Maximize Your Success on Appeal:
Succeeding with an appeal to the United States Court of Appeals for the Second Circuit requires a thorough understanding of the legal issues involved and the rules and procedures of the court. Here are a few tips that may increase your chances of success:
- Understand the standard of review: The standard of review is the level of deference that the appellate court will give to the lower court’s decision. Understanding the standard of review can help you to focus your arguments and tailor your brief accordingly.
- Hire an experienced appellate attorney: An experienced appellate attorney will be familiar with the rules and procedures of the court, and will be able to craft a strong argument on your behalf.
- File a clear and concise brief: The court may only have a limited amount of time to review your case, so it is important to file a brief that is clear, concise, and easy to read.
- Identify and preserve the errors: Identify the errors that the lower court made, and preserve those errors in the record on appeal.
- Be persuasive: Though the court will review the record, your brief should be persuasive in order to win the case. Be sure to cite relevant case law, statutes and other legal authorities that support your position.
- Be prepared for oral argument: Many appeals are decided based on the briefs alone, but some cases are set for oral argument. Be prepared to present your case in a clear and persuasive manner.
It’s important to remember that the appeals process is complex, so it’s always best to seek the help of an experienced attorney who is familiar with the specific court.
Thurgood Marshall U.S. Courthouse,
40 Foley Square
New York, NY 10007
NEW IMPORTANT NOTICE:
The Second Circuit’s Appellate Case Management System (“ACMS”) has expanded operations to all case types. Filings in appeals opened in the Court of Appeals on or after October 1, 2023 must be filed in ACMS. Click here to view the ACMS Portal Instructions on the Second Circuit’s website.
- Federal Rules of Appellate Procedure and Local Rules of the Second Circuit with Internal Operating Procedures
- Court Calendar
- How to Appeal a Civil Case
- How to Appeal a Criminal Case
- Oral Argument Recordings
- Livestream Audio of Oral Arguments
- Federal Judicial Caseload Statistics
- Acknowledgment and Notice of Appearance form and Instructions
- Bill of Costs – With Instructions
- Certificate of Compliance (Courier)
- Certificate of Compliance (Times New Roman)
- CJA Voucher for Expert Services
- Disclosure Statement
- Form C (file within 14 days of Notice of Appeal)
- Form C-A (agency cases) (file within 14 days of Notice of Appeal)
- Form D (file within 14 days of Notice of Appeal)
- Notice of Appeal – Civil
- Notice of Appeal – Tax
- Notice of Appeal – Criminal
- Motion Information Sheet
- Oral Argument Statement
- Scheduling Notification Letter