New York’s Appellate Division, Second Department Issues Briefing Deadlines and Updated Skype Protocol Print PDF

On June 10, 2020, New York’s Appellate Division, Second Department released Administrative Order 2020-0610, which sets forth briefing schedules for perfected, non-actively managed civil matters in which briefs were due between March 16, 2020 and June 10, 2020:

Brief	Original Deadline	New Deadline
Respondent’s briefs	Between March 16 – April 30, 2020	July 6, 2020
Respondent’s Briefs	Between May 1 – June 10, 2020	July 27, 2020
Reply Briefs	Between March 16 – April 30, 2020	July 1, 2020
Reply Briefs	Between May 1 – June 10, 2020	July 10, 2020

The Administrative Order also states:

• Extensions of time will not be granted, except that an application – on notice to the other parties – may be made for an extension in the case of extreme hardship, or where the brief to which the response or reply pertains has not been served in digital form, and despite request, has not been timely provided in that format.
• Briefs must  be served in accordance with 22 NYCRR 1250.1(c) and via email.
• A digital copy with proof of service shall be deemed filed by being uploaded through the court’s digital portal on or before the deadline.
• Hard copy filings may be made but are not required pending further direction from the court.
• Perfection deadlines for non-actively managed civil matters remain suspended.

Also, the Second Department recently provided additional guidance for conducting oral arguments virtually through Skype – including, importantly, a deadline by which parties must notify the Court of their desire to request oral argument:

• Parties having a matter on the Court’s calendar who wish to have oral argument must email the Court no later than 72 hours prior to the call of the calendar at
  ad2-calendars@nycourts.gov with the following information:
  • matter name and docket number;
  • calendar date;
  • name of party counsel represents;
  • name of attorney who will be arguing; and
  • attorney’s email address to be used for Skype purposes.

• Parties who properly and timely notify the court will receive an invitation to the Skype session the afternoon before the scheduled argument.

• If a party is not able to orally argue at the time the matter is called, it will be marked submitted by the attorney.  Thus, the court strongly urges parties to test their Skype capabilities prior to oral argument by e-mailing skypetest@nycourts.gov and scheduling a testing time.

Appellate Division Administrative Order ADM 2020-0610:  http://www.courts.state.ny.us/courts/ad2/Deadlines_reinstated_as_to_some_civil_filings.pdf

Appellate Division Skype Guidance:  http://www.courts.state.ny.us/courts/ad2/pdf/Oral_Arguments_conducted_via_Skype.pdf