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Interim Local Rule 3.1 Effective, Comment Period Closes Oct. 24

By Robyn Hagan Cain on October 17, 2011 4:09 PM

It’s a new week with a new rule in the Second Circuit Court of Appeals.

Interim Local Rule 3.1, regarding service of notice of appeal, became effective over the weekend on October 15.

The interim rule states: If a party to a civil action in the district court files a notice of appeal electronically in accordance with the Federal Rules of Civil Procedure and the district court’s local rules, the district clerk may satisfy the service requirements of Federal Rule of Appellate Procedure (FRAP) 3(d) as to a counseled party to the appeal by effecting service electronically.

FRAP 3(d) states that "the district clerk must serve notice of the filing of a notice of appeal by mailing a copy to each party's counsel of record - excluding the appellant's - or, if a party is proceeding pro se, to the party's last known address."

If you're one of the geographic overachievers who appears before multiple appellate courts, keep in mind that this is only a local rule amendment.

And if you want to return to the paper notice via snail mail glory days of the law, it's not too late to state your piece. The Second Circuit Court of Appeals Clerk of Court is accepting comments on Interim Local Rule 3.1 until October 24, 2011.

Written comments may be submitted to:

Catherine O'Hagan Wolfe
Clerk of Court
United States Court of Appeals
for the Second Circuit
40 Foley Square
New York, New York 10007
or
Email: rulescomments@ca2.uscourts.gov

For more news and updates from the Second Circuit Court of Appeals, check out FindLaw's Second Circuit blog.

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