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Deferred Joint Appendix 2CC (NW)

AppealTech

To Defer or Not to Defer:  

When to consider filing a Deferred Appendix in the Second Circuit,
and what it entails

When perfecting an appeal in the Second Circuit Court of Appeals (as in most Federal Circuit Courts of Appeals), appellants are responsible for filing an appendix, which includes bearing the costs for preparation. 

The Court encourages parties to agree to the contents of the appendix, thereby creating a joint appendix from which to cite.  If the parties are unable to reach an agreement, the appellant must serve on the appellee a designation of the parts of the record that the appellant intends to include in the appendix within 14 days after the record is filed.  The appellee in turn has 14 days to designate the portions of the record it wishes to include.

Sometimes there remains a disagreement between the parties as to what should be included. When those disputes involve a substantial number of documents, and, therefore, a substantial cost, there is one thing the parties may be able to agree on: filing a deferred appendix.  This will also be useful if they are unable to determine what documents to include in the appendix until their briefs have been written.

According to Local Rule 30.1(c), if the parties stipulate, or if the court on motion directs, the parties may file a deferred appendix as provided in FRAP 30(c).  The deferred appendix is filed after briefing has been completed and is comprised of the documents that have been cited to by the parties within their briefs.  The parties first file “page proof” briefs where they cite directly to the record from the lower court docket. The deferred appendix must be filed within 21 days after the appellee’s brief is served (typically the same deadline as the reply brief). Once filed, the parties have 14 days to file final briefs which replace or supplement the citations to the lower court record with those to the deferred appendix.  The only changes that can be made to the final brief are corrections of typographical errors and replacement or supplementation of the references.

When deciding whether it is cost-effective to use a deferred appendix, the parties must weigh the expense and labor involved in filing the briefs twice – as a page proof brief and as a final brief – with that of the potential savings that a more succinct appendix might provide.

AppealTech’s experienced appellate counsel and consultants can help you decide if a deferred appendix will benefit your appeal.

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    Counsel Press Inc. Acquires AppealTech

    Learn More

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    Counsel Press Inc. Acquires AppealTech

    FOR IMMEDIATE RELEASE
    New York, New York (February 4, 2021) – Counsel Press Inc., the nation’s largest appellate services provider, announced today that it has finalized its agreement to acquire AppealTech.

    AppealTech was founded in 1998 in New York by a group of appellate professionals focused on assisting law firms and their clients, government agencies and nonprofit organizations in perfecting their appeals in the New York Appellate Courts, the U.S. Circuit Courts of Appeals and the United States Supreme Court.

    “AppealTech has a proven track record of providing high-quality service to the legal community and has developed thousands of meaningful customer relationships,” said Scott Thompson, Chief Executive Officer and President of Counsel Press. “The acquisition of AppealTech further reinforces our position as the nation’s leading appellate services provider, with more than 83 years of experience in preparing, filing and serving appeals in all state and federal appellate courts nationwide. We welcome AppealTech’s team members to Counsel Press. Together we remain committed to providing exceptional service for all of our clients,” added Mr. Thompson.

    “AppealTech’s clients will experience a seamless transition and will continue to receive the same high standards of service and professionalism that they have come to expect,” said Michael Kestan, the former owner and President of AppealTech.

    Counsel Press has set the highest standard in appellate preparations since 1938, earning the title, The Appellate Experts®. We proudly provide accurate, precise and compliant filings to thousands of customers, filing over 12,000 appeals across all 50 states and all appellate jurisdictions annually.

    For more information about Counsel Press, or its acquisition of AppealTech, please contact Samantha Williams, Director of Marketing, at marketing@counselpress.com or call 800-4-APPEAL.

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