COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : HOW TO APPEAL YOUR CRIMINALCalendar 1No. CASE TO TH E U NIT ED STA TES CO UR T O F A PPEA LS F OR TH E SE CO ND CIR CU IT Plaintiff(s) FILING YOUR NOTICE -againstOF APPEAL : JUDICIAL SUBPOENA : : Obtain the Notice of Appeal form from the district court. File the Notice of Appeal in the district court within 10 days after the entry of the judgment or order appealed from. A Notice of Appeal : filed after the decision, sentence or order is announced but before it is entered is treated as filed on the day of entry. ONLY THE DISTRICT COURT CAN EXTEND YOUR TIME TO FILE A Defendant(s) : . . . . . NOTICE OF .APPEAL.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........... ........ PAYING YOUR DOCKET FEE THE PEOPLE OF THE STATE OF NEW YORK Pay the $250 docket fee, plus $5.00 processing fee, to the Clerk of the district court when you file TO the Notice of Appeal. If you do not pay the fee within ten days, your case may be dismissed by the Court of Appeals. If the appellant cannot afford to pay the fee, you must file a motion for "in forma pauperis" status (as a poor person) in the district court, unless there was already a determination in the district court that the defendant could proceed in forma pauperis there, and GREETINGS: has not been revoked. If in forma pauperis status is denied in the district court or has such status been revoked, a motion must be made in the Court ofbeing laid unlessyou and eachfee you attend before Appeals aside, the docket of is paid. The WE COMMAND YOU, that all business and excuses motion , the Honorable to proceed in forma pauperis shouldthe on the Court's motion information statement (see at be Court Motions, below), and have a proper financial affidavit attached (Form CJA-23). If you intend to located at County of move for in, forma pauperis of in room on the day status, you must do so within ten days of the filing of the notice of , 20 , at o'clock in the noon, and at any recessed appeal date, to testify and give evidence as a witness in you action on the motionthe in forma pauperis or within that ten days notify the Court that this will make a part of for or adjourned status within 30 days of the service of notice from the district court that in forma pauperis status has been denied. Otherwise, your case may be dismissed after 10 days for failure to pay the fee. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to CONTINUATION OF TRIAL COUNSEL the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. In accordance with Local Rule 4(b) of the Court of Appeals, when a defendant convicted following trialWitness, to appeal, trial counsel, whether retained or appointed,oneresponsible forof the wishes Honorable , is of the Justices representing Court the defendant until such attorney is relieved by the Court of Appeals. The district court has no in County, day of , 20 authority to relieve counsel from representation on appeal, and such orders of the district court are null and void. Please note that counsel will be held responsible for the appeal in this Court even if the Notice of Appeal is filed pro se, unless and until counsel is relieved by this Court. (Attorney must sign above and type name below) AN ATTORNEY WHO FAILS TO FILE A BRIEF IN A CRIMINAL CASE, RESULTING IN A DEFAULT, MAY BE DISCIPLINED BY THIS COURT. Attorney(s) for MOTION TO BE RELIEVED AS COUNSEL If trial counsel wishes to be relieved on appeal, a motion should be made in the Court of Appeals Office and P.O. Address within seven days after filing the Notice of Appeal, setting forth the reasons for relief. This motion Telephone No.: These instructions are only a summary of the Court of Appeals procedures. Please refer to the Federal Rules of Appellate Procedure, as supplemented by the Local Rules of this Court, for answers to specific questions. Facsimile No.: 1 March 2004 E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : must contain one of the following: : Index No. Calendar No. (1) A showing that new counsel has been retained or: appointed to represent the defendant, OR JUDICIAL SUBPOENA (2) -against: The defendant's completed application for appointment of counsel under the Criminal Justice Act or a showing that such application has already been filed in the Court of Appeals, OR Plaintiff(s) : (3) An affidavit or signed statement from the defendant showing that the defendant has been : advised of the right to retain new counsel or apply for appointment of counsel and expressly Defendant(s) stating that the defendant does not wish to be represented by counsel but elects to appeal pro : ...................................................... se; OR (4) An affidavit or signed statement from the defendant showing that the defendant has been THE PEOPLE OF THE STATE OF NEW YORK with regard to the appeal and expressly stating that the advised of the defendant's rights defendant elects to withdraw the appeal; OR TO (5) A showing that exceptional circumstances prevent counsel from meeting any of the requirements stated in (1)-(4) above. GREETINGS: Retained counsel should be aware that if the sole reason for not proceeding as counsel on the appeal is that the defendant cannotthat all business andapplication forlaid aside, you of counsel, together with WE COMMAND YOU, pay the legal fee, excuses being appointment and each of you attend before the appropriate CJA affidavit completed byat the the defendant, must be submitted. In all likelihood, trial , the Honorable Court counsel will be appointed located at CJA counsel for the purpose of the appeal. County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned TO to testify and BEFORE THE SECOND CIRCUIT ADMISSIONdate, PRACTICEgive evidence as a witness in this action on the part of the Counsel of record and counsel who will argue the appeal must be admitted to the bar of this court or be otherwise to comply with this subpoena Admission pro a contempt of court and willas a matterliable to Your failure eligible to argue an appeal. is punishable as hac vice will be extended make you of course whose behalf thisthe bar of was issuedcourt within the penalty who has represented a sustained as a the party on to a member of subpoena a district for a maximum circuit of $50 and all damages criminal result defendant at trialcomply. of your failure to and appears for him or her on an appeal taken pursuant to the Criminal Justice Act; however, counsel is advised that a written motion to proceed pro hac vice is required. For forms and information Honorable visit the Court’s the Witness, on admission to practice before this Court , one of the Justices ofwebsite at www.ca2.uscourts.gov or contact the Court's Admissions Clerk at (212) 857-8603. Court in County, day of , 20 NOTE: Counsel is expected to read and comply with all provisions of the Revised Second Circuit Plan to Expedite the (Attorney must sign Criminal Appeals. Processing of above and type name below) TRANSCRIPT ORDERING (F.R.A.P. 10(b)) Attorney(s) for If the transcript of the trial minutes (or a portion thereof) is necessary for the appeal, it MUST be ordered at the earliest possible moment. This can be done as early as during the trial court proceedings or immediately after the date of verdict, but not later than 10 days after the filing of the Office and P.O. Address Notice of Appeal. To order transcripts, complete the Transcript Information Form B, located on the bottom half of the Criminal Notice of Appeal form, which may be obtained from either the Courtroom Deputy or the District Court Appeals Clerk, and forward a copy to the court reporter. March 2004 -2- Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : PAYMENT FOR TRANSCRIPTS (F.R.A.P. 10(b) (4)) : Index No. Calendar No. At the time of ordering a transcript, satisfactory arrangements must be made with the reporter for : Plaintiff(s) payment of the cost of the transcript pursuant to F.R.A.P. 10(b)JUDICIAL SUBPOENA the (4). Attorneys appointed under : Criminal Justice Act-againstmust complete CJA Form 23, Financial Affidavit, and have these documents signed by the trial judge. These forms, along with the green copy of Form B, should be presented : to the court reporter who recorded the trial minutes. Retained attorneys at the time of ordering the transcript must establish a mutually agreeable arrangement with the court reporter for payment for : the transcript, since the court reporter generally will not begin transcribing until payment terms are established. It is important that the dates on Form B reflect the exact dates of the required Defendant(s) : . . . . . transcripts.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .......... It shall be assumed that all necessary minutes have been placed on order once the Form B is filed. Any amendment, correction, or supplement to the initial transcript order should be submitted in THE PEOPLE OF THE STATE OF NEW YORK writing to the court reporter with a copy forwarded to the Court of Appeals and to the Clerk of the TO district court. SUBSEQUENT DELAYS FOR FAILING TO ORDER ALL NECESSARY TRANSCRIPT(S), ABSENT EXTRAORDINARY CIRCUMSTANCES, MAY RESULT IN THE COURT'S IMPOSING SANCTIONS FOR DELAY. GREETINGS: SCHEDULING ORDER WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before After you Statement Forms, the Court will issue , the Honorable have filed the Notice of Appeal and Pre-Argument Court at the a Scheduling Order. Thelocated at Scheduling Order will tell you when to file the record on appeal (see County of definition below), and when to file the brief 20 appendix. Ito'clock in the forthnoon, and at any recessed will also set when the appellee's in room , on the day of , and , at brief is date, to testifyearliest date on which the casein thisbe scheduled for argument before the Court due, and the and give evidence as a witness may action on the part of the or adjourned of Appeals. This scheduling order will not necessarily conform with the times set forth in the Federal Rules of Appellate Procedure (F.R.A.P.), Rules 17 and 31. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a FAILURE TOfailure to comply. THIS ORDER MAY RESULT IN DISMISSAL OF THE APPEAL, result of your COMPLY WITH AND RESULT IN SANCTIONS AGAINST THE ATTORNEY. Witness, Honorable Court in County, , one of the Justices of the day of , 20 FILING THE RECORD, BRIEFS, AND APPENDIX 1. THE RECORD. (Attorney must sign above and type name below) The Scheduling Order will generally provide that the record on appeal be filed no later than 20 days after filing the Notice of Appeal. (The record on appeal consists of all of the documents Attorney(s) for of the lower court or agency, including transcripts.) However, in some cases the period may be shorter. If at the time the record is due the transcript is still incomplete, a partial record must be timely filed and supplemented later when the transcript is complete. The attorney for the appellant is responsible for preparing an index to the record and filing it in the district court. The district court will forward the record to the CourtOffice and P.O. Address of Appeals in accordance with the Court's procedures. Generally, the Court will request that only the index be filed with the Court of Appeals and the record be retained in the district court until needed, but this does not relieve the Telephone No.: attorney of the requirement to timely prepare the record for transmittal. Receipt from the district Facsimile No.: court of a certified copy of the index will satisfy the requirement to file the record. E-Mail Address: Mobile Tel. No.: March 2004 -3- American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. In pro se cases, the district court will prepare and forward the record. : Calendar No. The Court will not ordinarily grant motions to extend time to file the record. : JUDICIAL SUBPOENA Plaintiff(s) -against2. BRIEF AND APPENDIX. : : The Scheduling Order will generally provide for the appellant's brief and appendix to be served and filed not later than 30 days after the date on which the record on appeal is due. The : appellee's brief is generally scheduled to be filed 30 days after the appellant's brief is due. If a reply brief is filed (optional), it must be served and: filed within 14 days after service of the Defendant(s) . . . . . . . . appellee's. brief, . . . .not. less .than. 3 .days. before. argument. . . . . . . . . . . . . . but . . . . . . . . . . . . . . . . . . . . . . The brief sets forth the legal argument of the case, and must comply with several rules set forth in F.R.A.P. Attorneys should YORK THE PEOPLE OF THE STATE OF NEWfamiliarize themselves fully with these rules. Pursuant to Fed. R. App. P., Rule 32, effective December 1, 1998, a principal (appellant or appellee) brief may not exceed 30 pages, and must not exceed 14,000 words (or if monospaced typeface is used, either TO 14,000 words or 1300 lines). The number of words or lines must be certified by the attorney or unrepresented party in a certificate of compliance which is included in the brief. A reply brief of over 15 pages is limited to half of the type-volume permitted in the principal brief. Headings, GREETINGS: footnotes and quotations count toward word and line limitations. The corporate disclosure statement, table of contents, table of citations, statement with respect to oral argument, any WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before addendum containing statutes, rules or regulations, and Court any certificates of compliance do not , the Honorable at the count toward the type-volumeat limitation. located County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed Motions testify and give evidence as briefs, to this action on date on which or adjourned date, tofor leave to file oversized a witness inpostpone the the part of the briefs are required to be filed, or to alter the date on which argument is to be heard, must be made not less than seven days before the brief is due (Revised Second Circuit Plan to Expedite the Processing of Criminal Appeals). Briefs must be legible. Proportionally spaced Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to typeface behalf this subpoena larger; monospaced typeface may not contain more than 10½ the party on whose must be 14-point orwas issued for a maximum penalty of $50 and all damages sustained as a characters per inch. result of your failure to comply.[See F.R.A.P. 32.] Briefs in Honorable size will be accepted in the Second Circuit. one of andJustices of the be in Witness, pamphlet , Text the footnotes must larger with Court in 11-point orCounty, type, day of2-point or more leading between the lines (printers should be , 20 familiar with these standards). Sans serif type and compacted or other compressed printing is prohibited. These briefs must be bound in volumes having pages 6c x 9¼ inches, containing no more than 14,000 words in compliance with Fed. R. App. P. 32. A certificate of compliance (Attorney must sign above and type name below) must be included. The appellant's brief must also contain: (see FRAP 28) Attorney(s) for ! A table of contents, with page references ! A table of cases (alphabetically arranged), statutes and other authorities cited, with references to pages in the brief Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: March 2004 -4- American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. ! A preliminary statement of the name of :the judge or agency member who Calendar No. rendered the decision and a citation of the reported opinion, if any (see Local Rule 28) : JUDICIAL SUBPOENA Plaintiff(s) ! A statement of subject matter and appellate jurisdiction -against: ! A statement of the issues presented ! A statement of the case : ! A summary of argument ! An argument : ! A short conclusion stating the precise relief sought ! Proof of service Defendant(s) : . . . . . . . . . . . . . . .! . . Any .brief . over . 30 . pages . (Reply . briefs over 15 pages) must contain a . .... .... .... .. ..... ...... ..... Certificate of Compliance pursuant to F.R.A.P. 32, bound at the back of the brief. THE PEOPLE OF THE STATE OF NEW YORK The appendix should contain those matters from the record on appeal which are cited in the briefs or required by the Court to be included, such as the relevant docket TO entries in the proceedings below; any relevant portions of the pleadings, charge, findings, or opinion; the judgment, order, or decision appealed from; and any other parts of the record to which the parties wish to direct the particular attention of the GREETINGS: Court. F.R.A.P. Rule 30(a) outlines all the requirements for the contents. Nothing should be contained in the appendix which is not in the record on appeal. Also, the WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before parties need to keep in mind that the entire record Court is available to the Court if needed, , the Honorable at the so reproduction of only those parts of the record necessary to illustrate the legal located at County of argument should be included in 20 appendix. The fact in theparts noon, and at any recessed of the record are in room , on the day of , the , at o'clock that nottestify andin theevidence aswill not prevent the parties orpart Court from relying on included give appendix a witness in this action on the the of the or adjourned date, to such parts. Brief Cover Colors Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a Appellant - Blue result of your failure to comply. Witness, Honorable Court in County, Appellee Reply Green day of Appendix , 20 - Red Gray , one of the Justices of the Intervenor or Amicus Curiae White (Attorney must sign above and type name below) Brief Captions. The caption on the covers of the briefs and appendices must conform to this Court's "official caption." If this Court's official caption is erroneous, it is the obligation of counsel to bring this to the attention of the Court promptly, but in no event Attorney(s) for later than seven days prior to the due date for the appellant's brief. ANDERS BRIEFS Office and defendant-appellant's counsel If, after thorough review of the district court record, P.O. Address determines that there are no non-frivolous issues on appeal, counsel may file what is known as an "Anders brief" (See Anders v. California, 386 U.S. 738 (1967)). Counsel Telephone No.: should be aware that this Court has high standards for determining what is a satisfactory Facsimile No.: Anders brief (see Nell v. James, 811 F.2d 100, 104 (2d Cir. 1987)), and McCoy v. Court of Appeals, 486 U.S. 429 (1988)), and theE-Mail Address: make a "conscientious attorney must Mobile Tel. No.: March 2004 -5- American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. examination" of the appellant's case, explaining: fully why there are no non-frivolous Calendar No. issues. : Plaintiff(s) The following issues are frequently encountered: -against- JUDICIAL SUBPOENA : a) where the conviction was pursuant to a guilty plea, whether the plea met all of the : requirements of Fed. R. Crim. P. 11; b) where the conviction was pursuant to trial, whether the evidence was sufficient and all material motions and evidentiary : rulings were correctly decided; and c) in all cases, whether counsel performed effectively and the sentence was correctly Defendant(s) : . . . . . . . . . . . . . . . . . . determined. and. imposed. . . . . . . . . . . . . . . ......... ... ........ Counsel should review the record carefully to determine whether these or any other material STATE OF NEW and warrant discussion under the Anders criteria and, if so, THE PEOPLE OF THEissues are present YORK should discuss them thoroughly in the brief. TO In the event that counsel fails to fully articulate why there are no non-frivolous issues present, the Court may direct counsel to file a new brief addressing the inadequately briefed issues, or may direct the appointment of new counsel and deny payment of GREETINGS: Criminal Justice Act fees to the original counsel. See United States v. Burnett, 989 F.2d 100, 105 (2d Cir. 1993). WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court An attorney filing an Anders brief must also file: 1) a motion to be relieved as counsel located at County of at the on thethe brief isof (the Court will not accept o'clock inwithout the motion), any recessed the brief the in room , time day filed , 20 , at noon, and at and 2) a to testify and give evidence as Report. The motion will bepart of the Pre-Sentence Investigation a witness in this action on the determined and the preor adjourned date, sentence investigation report will be reviewed by the Court at the time the case is heard. An attorney filing an Anders brief must also submit an affidavit or affirmation to the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to Court stating that the client has been informed: the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. That a brief pursuant to Anders v. California, 386 U.S. 738 (1967), has been filed. Witness, Honorable , one of the Justices of the (2) That the filing of an Anders brief will probably result in the dismissal of the Court in County, day of , 20 appeal and affirmance of the conviction. (3) That the client may request assistance of other counsel or submit pro se response papers. (1) (Attorney must sign above and type name below) Also, a copy of the Anders brief, the motion to be relieved as counsel, and the court's scheduling order must be served on the client. Attorney(s) for An Anders brief must state on the cover "Pursuant to Anders v. California". Also, a copy of the transcript of the proceedings below must be submitted with your Anders brief. It should be included in the appendix you file with your brief. Office and P.O. Address Response of U.S. Attorney: In lieu of an appellee's brief, the scheduling order of this Court will provide that the U.S. Attorney may file a motion for summary affirmance. Telephone No.: The scheduling order will provide that such motion must be filed within fourteen (14) Facsimile No.: days after the Anders brief is filed. Any extension of the scheduling order for the E-Mail Address: appellant will automatically extend the time of the U.S. Attorney to file the motion for Mobile Tel. No.: March 2004 -6- American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. summary affirmance to fourteen (14) days after the new date for the filing of the Anders : Calendar No. brief, even if such provision is omitted from the new scheduling order. : JUDICIAL SUBPOENA Plaintiff(s) Response of Defendant: When the attorney has submitted an Anders brief, the -againstdefendant has an automatic right to submit a pro: se responsive brief arguing that there are meritorious issues. This pro se brief should be submitted within 14 days of the filing : of the Anders brief. : 3. ORAL ARGUMENT. Defendant(s) : . . . . . . . . . . . .YOUR . .NOTICE. . OF . . APPEARANCE . .MUST BE FILED WHEN THE ...... ........ ... ............... .. APPELLANT'S BRIEF IS DUE. Failure to submit the form on time will be taken into consideration by the Court in deciding any motions you may make for adjournment. In the THE of appearance form, counsel must set forth dates of unavailability for oral THE PEOPLE OFnoticeSTATE OF NEW YORK argument. THEREAFTER, COUNSEL MUST ADVISE THE COURT PROMPTLY OF ANY CHANGE IN AVAILABILITY. TO The Scheduling Order provides that the appeal shall be ready for argument during a specified week; this is subject to change, but will not be earlier, unless a subsequent GREETINGS: order expediting the appeal is entered. There is no guarantee that the appeal will be heard on or near this date. The fact that this date appears in the scheduling order does WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before for argument on that date. , the Honorablenot mean that the case has been setat the Court located at County of Calendaring your case: The attorney ordinarily will be notified of noon, and at any recessed a "firm date for in room , on the day of , 20 , at o'clock in the argument," usually four weeks, butwitness in thisweeks in advanceof the date on which at least two action on the part of the or adjourned date, to testify and give evidence as a the case is calendared to be heard. On occasion, the time may be shorter, especially if the appeal has been expedited on motion of the parties. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to ONCE A CASE HAS BEEN issued for a maximum penalty of $50 ARGUMENT, ADthe party on whose behalf this subpoena was ASSIGNED A DATE FOR ORAL and all damages sustained as a result of your JOURNMENTS ARE RARELY GRANTED. failure to comply. Appeals are heard by a three-judge panel of the Court. The one of the the judges the not Witness, Honorable , names of Justices of are made public until noon of Thursday ,of the week before the panel sits. With rare Court in County, day on 20 exceptions, Court sits every weekday, except holidays and except during July and August, when the Court sits only one or two weeks each month. The Court is also generally in recess the last week of December. Oral arguments are heard starting at (Attorney must sign above and type name below) 10:00 a.m. and continue until completion, some time between noon and 1:00 p.m. Arguments are limited to ten minutes or less per side, except in complex or multi-party cases. The Court hears arguments in Room 1705, at 40 Foley Square, New York City. Attorney(s) parties will be notified of the Five or six times a year two panels sit simultaneously; thefor place of sitting of the second panel. EXHIBITS Office and P.O. Address Rule §11 of the Local Rules covers the filing of exhibits in the Court of Appeals, and counsel must comply with this rule. The Clerk of the district court must transmit the Telephone part exhibits to the Court of Appeals after certifying them asNo.: of the record. Tender of Facsimile No.: loose copies of exhibits will be refused. E-Mail Address: Mobile Tel. No.: March 2004 -7- American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : SEALING DOCUMENTS : Index No. Calendar No. On rare occasions, documents will be placed "under seal" so that they are not available : for public view. Any papersPlaintiff(s) been sealed JUDICIAL SUBPOENA which have in the district court will remain under seal in-against- of Appeals if received as:part of the record. If the district court the Court has not sealed documents, they will not be sealed in the Court of Appeals without a court order. A party wishing to file papers under seal :with the Court of Appeals must make a formal motion requesting that the papers submitted be placed under seal. Informal : requests to seal documents will not be entertained. All papers submitted to the Court pursuant to a sealing order must be submitted in :a sealed envelope, marked SEALED, Defendant(s) . . . . . . . . . . . .with.a . . . . . of .the .order .placing .the .documents .under seal annexed thereto. . . . . copy . . . . . . . . . . . . . . . . . . . . . . . . . . PRE-SENTENCE INVESTIGATION REPORTS THE PEOPLE OF THE STATE OF NEW YORK TO Should the appeal involve any sentence guidelines issues, a copy of the Pre-Sentence Investigation (PSI) Report must be submitted with the Appellant’s Brief and Appendix. To preserve the confidentiality of the information contained therein, the copy of the PSI Report should be placed in a sealed envelope, with the words “Pre-Sentence Investigation Report” written on the outside of the envelope. GREETINGS: MOTIONS WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court All requests to the Court (for example, extension of time to file the brief), must be made located at County of in theon the of a MOTION. The Court requests that motionsthe accompanied at any recessed in room , form day of , 20 , at o'clock in be noon, and by the Court’s T-1080 Motion Information Statement and an affidavit or attorney’s affirmation or adjourned date, to testify and give evidence as a witness in this action on the part of the (containing factual information only). The moving party must indicate on either the T1080 form or on the face of the motion papers whether consent for the relief requested has been sought or obtained, and whether oral argument on the motion is desired. If the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to moving party seeks substantive relief from a lower court opinion or agency decision, a the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your copy of the opinion or decision must be attached as a separately identified exhibit. An failure to comply. original plus four (total five) copies of all motions must be submitted, accompanied by proof of service Witness, Honorable on all other parties to the action. (Counsel is expected to be familiar , one of the Justices of the with Local Rule 27 governing motions to this Court.) Court in County, day of , 20 Substantive motions requiring oral argument are heard on Tuesdays when the Court is in session. The motion and all supporting papers must be filed not later than the Monday (Attorney must sign above and type name below) of the preceding week (8 days in advance of the date to be heard). If the adverse party is served in person, such service must be made by the Thursday preceding the required filingdate (12 days in advance of the date to be heard). If service is by mail, the motion Attorney(s) for must be mailed by the Monday preceding the required filing date (15 days in advance of the date to be heard). Any papers in response from the adverse party must be served and filed within ten days Office the week prior of service, but not later than noon on the Thursday ofand P.O. Addressto the Tuesday for which the motion is noticed (5 days in advance of the date to be heard). If at all possible, responsive papers should be filed earlier than the Thursday noon deadline so as to allow Telephone No.: adequate time for review by the Court. The original and at least four copies (total, five) Facsimile No.: must be submitted for filing. E-Mail Address: Mobile Tel. No.: March 2004 -8- American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. Procedural motions (for example, an extension of :time to file a brief, or permission to file Calendar an oversized brief), will not be placed on a motions calendar andNo. not be noticed for need a particular date. Because responsive papers are normally not filed in opposition to : JUDICIAL SUBPOENA Plaintiff(s) procedural motions, the Court does not wait for such papers. If you choose to respond, -againsttherefore, you should respond promptly. By :standing order of the Court, certain procedural motions are determined by the Clerk or a staff attorney or staff counsel or deputy clerk acting under the Clerk's authority. : Other procedural motions are referred to the weekly applications judge. Any Clerk’s order may be appealed to a judge. : Once a case is assigned a date for oral argument, all motions, including procedural Defendant(s) : . . . . . . . . . . . .motions, . will. . . . . . . . . . . . to . the. .panel. that. .will hear the appeal. To maintain the . . . . . . . . . . be referred . . . . . . . . . . . . . anonymity of the panel, however, any motions decided by the panel will be signed by the Clerk or a deputy clerk. THE PEOPLE OF THE STATE OF NEW YORK PROOF OF SERVICE TO Papers filed in the Court of Appeals must be served on (delivered to) the other parties in the case. All such papers presented for filing in the Court of Appeals (briefs, motions, etc.), must contain an acknowledgment of service by the person(s) served, or proof of GREETINGS: service in the form of a statement of the date and manner of service and the names of the person(s) served. This statement must be certified by the person who made service. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before Proof of service may appear on or bethe affixed to the papers filed. Service may be made , the Honorable at Court by mail. located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed PETITION FOR REHEARING evidence as a witness in this action on the part of the or adjourned date, to testify and give After a final order or judgment of the Court of Appeals, parties who wish to apply for a rehearing must file a petition for panel rehearing and/or en banc rehearing within Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to 14 days after the decision is filed. The timely filing of a petition for rehearing will stay the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your the mandate until disposition of the petition unless otherwise ordered by the Court. If the failure to comply. petition is denied, the mandate shall issue 7 days after the entry of the order denying the petition, unless the time is shortened or enlarged by order., one of the Justices of the Witness, Honorable Court in County, ISSUANCE OF MANDATE day of , 20 The mandate terminates the Court of Appeals' jurisdiction over a case and transfers (Attorney must sign jurisdiction back to the district court. The mandate will issue above and type name below) of 21 days after the entry the judgment, or seven (7) days after the denial of the petition for rehearing, or sooner if so ordered by the Court. Attorney(s) for Appeals which are terminated on motions are ordinarily mandated forthwith. The physical mandate is a copy of the order or judgment which terminates the case, with the words "Issued as Mandate" thereon (there is no separate document.) Copies of the mandate can be obtained only from the districtOffice and P.O. Address court. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: March 2004 -9- American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. PETITION FOR WRIT OF CERTIORARI TO THE U.S. SUPREME COURT : Calendar No. A party seeking review of a Court of Appeals order by the U.S. Supreme Court has 90 : JUDICIAL SUBPOENA days from the date of the entryPlaintiff(s) or if a petition for rehearing was timely filed, of judgment, -against: from the denial of the petition for rehearing, to file a petition for writ of certiorari with the U.S. Supreme Court. A stay of the mandate, pending application to the Supreme : Court for a writ of certiorari, may be granted if a motion is made to the Court of Appeals with reasonable notice to all the parties. : The U.S. Supreme Court grants only about 120 writs of certiorari per year from the entire Defendant(s) : . . . . . . . . . . . .country;. an .average. of between. 7 .and . . . are. from this Court. . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 . . . . . . APPEALS CLERKS IN THE DISTRICT COURTS THE PEOPLE OF THE STATE OF NEW YORK An Appeals Clerk has been appointed in each District Court Clerk's office to assist anyone who may have questions in connections with the filing of papers to perfect an appeal. These clerks can be TO contacted at the following numbers/locations: Bridgeport, CT Hartford, CT New Haven, CT Connecticut 203-579-5863 860-240-3200 203-773-2140 Syracuse, NY GREETINGS: 315-234-8502 WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court Northern District Albany, NY 518-257-1802 located at County of Binghamton, NY o'clock in the 607-773-2893 and at any recessed in room , on the day of , 20 , at noon, Utica, NY this action on the315-793-8152 or adjourned date, to testify and give evidence as a witness in part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to Eastern District Brooklyn, NY 718-260-2310 the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a Central Islip, NY 631-712-6030 result of your failure to comply. Southern District Witness, Honorable Court in County, Western District day of New York, NY White Plains, NY 212-805-0636 914-390-4002 , one of the Justices of the , 20 Buffalo, NY Rochester, NY 716-551-4211 716-263-6263 Burlington, VT 802-951-6394 (Attorney must sign above and type name below) Vermont Attorney(s) for If you have any questions regarding appellate procedure in the Second Circuit, please contact this office or the Appeals Clerk in the appropriate District Court. If you have a case before this Ct, you should speak with your Case Manager. Set forth below are the primary telephone numbers for SecondOffice and P.O. Address Circuit Appeals Management Teams. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: -10- American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. Intake . . . . . . . . . . . . . . . . . . . . . . : . . . . Calendar No. . . . . . 212-857-8500 Agency Appeals . . . . . . . . . . . . . . . . . . . . . . . . 212-857-8544 Civil Appeals . . Plaintiff(s) . . . . . . . : . . . . JUDICIAL SUBPOENA ........ . . . . . 212-857-8576 Criminal Appeals . . . . . . . . . . . . . . . . . . . . . . . 212-857-8515 -against: Prisoner Appeals . . . . . . . . . . . . . . . . . . . . . . . 212-857-8551 Pro Se Appeals . . . . . . . . . . . . . . . . : . . . . . . . . 212-857-8550 . Prisoner Civil Rights . . . . . . . . . . . . . . . . . . . . 212-857-8544 : Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: -11- American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT : Calendar No. Plaintiff(s) : JUDICIAL SUBPOENA -against: IMPORTANT NOTICE TO TRIAL ATTORNEYS OF CRIMINAL DEFENDANTS : READ THIS: : — THE COURT OF APPEALS IS CONTINUING YOU AS ATTORNEY ON APPEAL Defendant(s) : . . . . . PURSUANT. TO . . . . . . . . RULE. 4(b).. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LOCAL . . . . . . . . . — PLEASE KNOW THAT YOU MAY BE SUBJECT TO DISCIPLINE, INCLUDING FINES, SUSPENSION OR DISBARMENT, IF THE PEOPLE OF THE STATE OF NEW YORKYOU IGNORE THE RULES OF THE COURT OF APPEALS. WE ARE CONFIDENT THAT THIS WILL NOT OCCUR, BUT OUT OF AN TO ABUNDANCE OF CAUTION ARE PROVIDING YOU WITH THIS ADVANCE WARNING. — THE COURT OF APPEALS WILL CONTINUE YOU AS THE ATTORNEY ON APPEAL EVEN IF THE DEFENDANT FILES AN APPEAL PRO SE. GREETINGS: — THE DISTRICT COURT HAS NO AUTHORITY TO RELIEVE YOU ON APPEAL AND WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before SUCH ORDERS OF THE DISTRICT COURT ARE INEFFECTIVE. , the Honorable at the Court located at County of — in room YOU WISH TO BE RELIEVED ON APPEAL, YOU MUST MAKE A MOTION at any recessed IF , on the day of , 20 at o'clock in the noon, and TO THE COURT OF APPEALS. or adjourned date, to testify and give evidence as a witness in this action on the part of the ATTORNEYS IN CRIMINAL CASES WHO DO NOT COMPLY WITH THE RULES OF THE COURT OF APPEALS, ESPECIALLY WITH Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to REGARD TO THE TIMELY FILING OF BRIEFS, MAY BE SUBJECT the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a TO DISCIPLINE, INCLUDING FINES, SUSPENSION OR DISBARresult of your failure to comply. MENT. — Witness, Honorable Court in County, , one of the Justices of the day of , 20 DO NOT PERMIT YOUR APPEAL TO LAPSE BECAUSE YOUR CLIENT HAS DECIDED NOT TO PURSUE IT. YOU WILL BE CONSIDERED TO HAVE ABANDONED THE APPEAL AND BE SUBJECT TO DISCIPLINE. CAREFULLY NOTE (Attorney must sign above and type name below) THE RULES WITH REGARD TO WITHDRAWAL OF SUCH AN APPEAL. Attorney(s) for PLEASE NOTE: If you are retained counsel and are not continuing the appeal because your client cannot afford the fee, you may move to be appointed pursuant to CJA in the Court of Appeals and the Court will pay you, providing the defendant Office CJA panel to be qualifies. You need not be on the Court's and P.O. Address appointed if you represented the defendant below. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: -12- American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. A NOTE TO DEFENDANTS IN CRIMINAL CASES : JUDICIAL SUBPOENA Plaintiff(s) -against- : CONTINUATION OF COUNSEL ON APPEAL: : Please note that if you had trial counsel in the district court, this Court will continue your : attorney as the attorney on the appeal. Only if the attorney makes a motion to be relieved in this Court and it is granted is it possible to have different counsel or to proceed pro se. This is true Defendant(s) : . . . . . EVEN. IF .YOU.FILED . . . . . NOTICE .OF. APPEAL .PRO SE. . . . . . . . . . . . . . . . . . THE . . . . . . . . . . . . . . . . . . . . . COMMUNICATION WITH THE COURT: THE PEOPLE OF THE STATE OF NEW YORK As long as you are represented by counsel, all communications which you send to the Court will be forwarded to your attorney without response from the Court. It is your attorney's obligation TO to represent you before the Court. It is up to your attorney whether to file motions which you request, or to include arguments in the brief. Your attorney is knowledgeable of the law and knows which arguments are meaningful to the Court and which would be considered frivolous. GREETINGS: Please note that an attorney may not include arguments considered frivolous in the brief, even if you request it, because attorneys have an obligation to the Court and they can be disciplined WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before by the Court for advancing legally frivolous the arguments. , the Honorable at Court located at County of If your attorney files an ANDERS brief (a brief which says the attorney has searchedand at any recessed in room , on the day of , 20 , at o'clock in the noon, the record and can findto testify and give evidenceyouawill be given an automatic right of respond to the brief no non-frivolous issues), as witness in this action on the part to the or adjourned date, within 14 days. If your attorney does not file an ANDERS brief, but you believe there are important issues which Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to have not been included in the brief, you may request your attorney to make a motion for the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result permission for you to file a supplemental pro se brief. ONLY YOUR ATTORNEY CAN of your failure to comply. MAKE THIS MOTION. It is up to your attorney to decide; since it is possible than an attorney mayWitness, Honorablearguments you want to make might harm or undermine the legitimate believe that the , one of the Justices of the arguments in the main brief, the attorney may refuse to make such a motion. Court in County, day of , 20 (Attorney must sign above and type name below) NOTE: COUNSEL ARE REQUESTED TO MAKE THIS INFORMATION KNOWN TO THEIR CLIENTS AT THE BEGINNING OF THE APPEAL. Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: -13- American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : NOTICE TO COURT APPOINTED COUNSEL No. Index OF PUBLIC DISCLOSURE OF ATTORNEY FEE INFORMATION : Calendar No. NEW RULES APPLICABLE TO CASES COMMENCED ON OR AFTER JANUARY 25, 1998 : JUDICIAL SUBPOENA Plaintiff(s) The Criminal Justice Act (CJA), 18 U.S.C. §3006A, now requires that the amounts paid to court appointed -against: attorneys be made publicly available upon the court’s approval of the payments. The court may disclose an unredacted copy of a payment voucher submitted by defense counsel, or it may release a redacted copy of a : voucher, indicating only the amounts approved for payment according to categories of services listed in the statute. (The text of the new statutory provision, 18 U.S.C. §3006A (d) (4), is set forth on the back of this : notice.) The extent of disclosure depends on whether the case is pending and on whether the court determines that certain interests (enumerated in subpart (d)(4)(D) of the CJA and listed below in part B.1) require the Defendant(s) : . . . . . . . . detailed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . redaction of . . . . . . . information.on the. voucher. .Upon .court. approval of a voucher claim, payment information will be released as follows: A. BEFORE OR DURING THE TRIAL: After redacting any detailed information provided to justify THE PEOPLE OF THE STATE make available to the public only the amounts approved for payment, divided the expenses, the court will OF NEW YORK into the categories set forth in subpart (d) (4) (B) (ii) of the CJA. Upon the completion of trial, TO unredacted copies of the vouchers may be released, depending on whether an appeal has been noted and whether the court determines that one or more of the interests listed in part B.1 require the redaction of information. B. GREETINGS: THE TRIAL IS COMPLETED: The court shall release either redacted or unredacted AFTER vouchers as follows. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court 1. If trial court proceedings have been completed and appellate review is not being pursued or located at County of has concluded at the time payment is approved: The court will make an unredacted copy of the in room payment ,voucher available of the public unless it determines that one in the of the interests listed on the day to , 20 , at o'clock or more noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the below justify limiting disclosure to the amounts approved for payment in the manner described in part A. The interests that may require limiting disclosure include: (1) the protection of any this subpoena is punishable as a contempt of court and will Your failure to comply withperson’s Fifth Amendment right against self-incrimination; make you liable to (2) the behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a the party on whose protection of the defendant’s Sixth Amendment right to effective assistance of counsel; (3) the defendant’s result of your failure to comply.attorney-client privilege; (4) the work product privilege of the defendant’s counsel; (5) the safety of any person; and Witness, Honorable , one of the Justices of the (6) any other interest that justice may require. Court in County, day of , 20 2. If appellate review is being pursued at the time payment is approved: The court will release only the amounts approved for payment in the manner described in part A unless it finds that none (Attorney of the interests listed above in part B.1 will be compromised. must sign above and type name below) If counsel believes that any of the interests listed above in part B.1 justify limiting disclosure to the amounts approved for payment, counsel should submit to theAttorney(s) for request, identifying the court a written interests at risk and the arguments in support of providing protection, AT OR BEFORE THE TIME A CLAIM FOR PAYMENT IS MADE. Failure to do so could result in the public release of unredacted copies of your vouchers without further notice. This constitutes notice as required under 18 U.S.C. §3006A (d)Office and P.O. Address receive additional (4) (E). You will NOT notice before any payment information is made available to the public. Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: -14- American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : PUBLIC NOTICE Index No. : Calendar No. Criminal Justice Act (CJA), 18 U.S.C. §3006A DISCLOSURE O F FEES. Plaintiff(s) : JUDICIAL SUBPOENA -against: “(A) IN GENERAL. Subject to subparagraphs (B) through (E), the amounts paid under this subsection for services in any case shall be m ade availab le to the p ublic b y the court upo n the co urt’s app roval of the payment. : “(B) PRE-TRIAL OR TR IAL IN P RO GR ESS. If a trial is in pre-trial status or still in progress and after considering the defendant’s interests as set forth in subp aragraph (D), the cou rt shall “(i) redact any detailed information on the payment voucher provided by d efense counsel to : justify the expenses to the court; and “(ii) make public only theDefendant(s) amounts approved for :paymen t to defense counsel by dividing those . . . . . . . . . . . . . . . . . . . . . . amounts .into .the . . . . . . . .categories:. . . . . . . . . . . . . . . following . . . . . . . “(I) Arraignment and or plea. “(II) Bail and detention hearings. “(III) Motions. THE PEOPLE OF THE STATE OF NEW YORK “(IV) Hearings. “(V) Interviews and conferences. “(VI) Obtaining and reviewing records TO “(VII) Legal research and brief writing. “(VIII) Travel time. “(IX) Investigative work. “(X) Experts. GREETINGS: “(XI) Trial and appea ls. “(XII) Other. “(C)WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before TRIAL COMPLETED the Honorable Court “(I) IN GE NE RAL. If aat the for payment is not submitted until after the completion request located co nsideration o f the defendant’s interests as set forth in subparagraph (D), at County of of the trial and subject to make available to the p ublic anat in room , the court shall day of on the , 20 , unredacted co py ofin the nsenoon, and at any recessed o'clock the expe vo ucher. “(ii) PROTECTION OF this action on F TH E DE FEN or adjourned date, to testify and give evidence as a witness inTHE RIGH TS O the part of theDAN T. If the court determines that defendant’s interests as set forth in subparagraph (D) require a limited disclosure, the court shall disclose amounts as provided in subparagraph (B). “(D)Your CON comply with this subpoena referred to in as a contempt of court and failure toSIDE RAT ION S. The interestsis punishablesubparagraphs (B) and © are will make you liable to “(i) the party on whose behalf this subpoena to protect anyfor a maximum penaltyright$50 andself-incrimination; was issued person’s 5th amendment of against all damages sustained as a “(ii) to protect the defendant’s 8th amendment rights to effective assistance of result of your failure to comply. Witness, Honorable Court in County, “(iii) “(iv) “(v) day “(vi) counsel; the defendant’s attorney-client privilege; , one counsel; the work pro duct privilege of the defendant’s of the Justices the of safety of any, person; and 20 any other interest that justice may require. of the “(E) NOTICE. The court shall provide reasonable notice of disclosure to the counsel of the defendant (Attorney must sign above and type name below) prior to the approval of the payments in order to allow the co unsel to request redaction based on the considerations set forth in sub paragraph (D). Upon completion of the trial, the court shall release unredacted copies of the vouchers provided by defense counsel to justify the expenses to the court. If there is an appeal, the co urt shall not release unredacted copies of the vouchers provided by defense counsel to justify the expenses to the court until such time Attorney(s) for as the appeals process is completed, unless the court determines that none of the defendant’s interests set forth in subparagraph (D) will be compromised. “(F) EFFECTIVE DA TE . The amendment made by paragraph (4) sha ll become effective 60 days after enactment of this Act, and will apply only to cases filed on or after the effective date, and shall be in effect for no Office and P.O. Address longer than twe nty-four m onths after the effective date.” Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: -15- American LegalNet, Inc. www.USCourtForms.com , COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT : Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : NOTICE OF APPEARANCE INFORMATION AND FORM : : The form on the reverse side containing appearance, time request, availability, and related case Defendant(s) : information. must. be .completed. by.all .parties .and .returned. to .this office when appellant's brief is due. ........ .... .. ........ .. .. ..... ... ...... .. .. FAILURE TO SUBMIT THIS FORM ON TIME WILL BE CONSIDERED BY THE COURT IN DECIDING ANY MOTIONS FOR ADJOURNMENT BASED ON UNAVAILABILITY. THE PEOPLE OF THE STATE OF NEW YORK TO Each counsel of record or individual appearing pro se must complete this form. If an attorney other than GREETINGS: counsel of record will argue the appeal, counsel of record must provide that attorney's name and date of admission to the bar of this Court in the space provided and indicate the dates, if any, when that WE unavailable to argue the business attorney will beCOMMAND YOU, that all appeal. and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at Countyof record and counsel who will argue the appeal must be admitted to the bar of this Court or be of Counsel in room , day of , 20 , at o'clock in the noon, and at any recessed otherwise eligible to on the an appeal. The Court encourages and prefers written pro hac vice motions, argue or adjourned date, to testify and give evidence as a witness in this action on the part of the filed as early as possible. Admission pro hac vice will be extended as a matter of course to a member of the bar of a district court within the circuit who has represented a criminal defendant at trial and continues representation on an appeal taken pursuant to the Criminal Justice Act. See Local Rule 46. Your failure to comply with this subpoena is punishable as a contempt as soon as will meet the However, counsel are encouraged to apply for general admission to this Courtof court and they make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a qualifications. result of your failure to comply. For information concerning admissions and admission applications visit the Court’s website at Witness, Honorable www.ca2.uscourts.gov or contact the Clerk's office at 212-857-8603. , one of the Justices of the Court in County, day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: -16- American LegalNet, Inc. www.USCourtForms.com