Second Circuit Electronic Filing User Rules Effective Jan. 3

As another year comes to an end, we tend to indulge in introspective moments. We analyze our successes and failures, make resolutions anew, and inevitably end up humming David Bowie’s Changes. (As you may recall, some of us around here love David Bowie.)

And handily enough, ch-ch-ch-ch-changes are coming to the Second Circuit Court of Appeals starting January 3, 2012. The Second Circuit will begin using Pay.gov to accept electronic payment from attorneys for various fees that are charged and collected by the court.

First, let’s discuss how that applies to keeping you in front of the court.

All attorneys applying for admission to the court or seeking to renew admission must submit application materials electronically through Case Management/Electronic Case Files (CM/ECF) and pay the appropriate application fee electronically when submitting the materials. The new attorney admission application is available here, and the renewal application is available here. You have to be registered with PACER as an electronic filing user before you can be admitted, so register if you haven't already done so.

The Second Circuit Court of Appeals will not accept paper copies of applications and payment by cash, check, or money order without a written demonstration of undue hardship or exceptional circumstances.

Let's move on to how this affects your Second Circuit practice.

The Second Circuit will also accept electronic payment of fees associated with certain non-filing requests, including record searches, CDs of oral argument, and certificates of good standing. Any attorney paying these fees electronically must be registered with PACER as an electronic filing user. Any attorney who wants to remit such fees electronically can submit a request electronically through CM/ECF when paying the fee. The court will continue to accept cash, check, and money orders for such requests.

Any attorney may remit the $450 filing fee for a petition for review or writ petition electronically, but an attorney who pays the filing fee electronically must file the corresponding petition electronically through CM/ECF. A lawyer who is not yet admitted to the Court must first register with PACER to become an electronic filing user, and then immediately seek admission upon submitting the petition and paying the required fee.

The Second Circuit will continue to accept cash, check, and money orders for the $450 case filing fee, but attorneys who remit the fee in any of these other manners must continue to submit the petition for review or writ petition electronically to newcases@ca2.uscourts.gov.

In other words, consider 2012 the year of electronic filing, and remember: Time may change you, but you can't trace time.

Related Resources:

• Second Circuit Court of Appeals Rule Changes (US Courts)
• Senate Confirms Christopher Droney for Second Circuit (FindLaw's Second Circuit blog)
• Size Matters: Madoff Victims Lose Appeal Due to 15-Page Limit? (FindLaw's Second Circuit blog)