When can an Appellee file an Appellee’s Supplemental Appendix in the Second Circuit?

The requirements for filing an appendix in the United States Court of Appeals for the Second Circuit are outlined in FRAP 30 and Local Rule 30.1.

Once the Court assigns a due date for filing a Joint Appendix and the Appellant’s Brief, the parties are encouraged to agree on the contents of the Appendix and then file a Joint Appendix. In the absence of an agreement, the Appellant must, within 14 days after the Record is filed, serve on the Appellee a designation of the parts of the Record that the Appellant intends to include in the Joint Appendix.

Afterward, the Appellee may, within 14 days after receiving the Appellant’s designation, serve on the Appellant a designation of additional parts of the Record that it wants to include in the Joint Appendix, if any. The Appellant must include the Appellee’s designated parts in the Joint Appendix.

In the event where the Appellant does not provide the Appellee with 14 days to designate additional parts to the Joint Appendix before the filing deadline, the Appellee then has a right to file an Appellee’s Supplemental Appendix with its Appellee’s Brief, pursuant to Local Rule 30.1(g).

However, if the Appellant does provide the Appellee with the proper 14-day notice, the Appellee should make sure to designate the additional parts of the Record that it wants to include in the Joint Appendix, if any, by the filing deadline. Otherwise, the Appellee will have to move for leave tofile a Supplemental Appendix if its additional parts were not included in the filed Joint Appendix.