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HOW TO APPEAL AS A PRO SE PARTY

TO THE UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

Rev. 12-16

INTRODUCTION

The Court has prepared materials to assist a pro se party who has a case pending in the Court.

This document describes general information for pro se cases. In addition, there are instructions for each

type of case that can be appealed - Civil, Criminal, Agency, and Prisoner Claims. Also, there are forms

that a pro se party must submit to the Court to proceed with the appeal. The instructions and forms are

available on the Court’s website One copy of the Instructions and forms are sent

by mail to the pro se party at the beginning of the case. Use these materials to prepare the appeal.

A pro se party is a person who is not represented by an attorney. An incorporated business,

including a corporation held by one person, may not appear as a pro se party in this Court. A corporation

must be represented by counsel in order to participate in an appeal.

If a lawyer files a case on his or her own behalf as a pro se matter, the Court will treat the case as

a counseled appeal. Accordingly, the lawyer must seek admission to this Court, register as Filing User

to file all documents electronically, and file an acknowledgment and notice of appearance.

Every person who files a case in this Court must follow the Federal Rules of Appellate Procedure

(“FRAP”), the Court’s Local Rules (“LR”) and applicable statutes and case law. FRAP, the LRs, and all

relevant Court forms are available on the Court’s website

If a question arises in this case, first check the instructions. If the answer does not appear in the

instructions, call the case manager assigned to your case. The name and contact information is on the

docketing notice sent to each party at the beginning of the case.

STARTING THE CASE

A pro se party appealing from a district court decision must file a notice of appeal and pay the

docket fee or file for in forma pauperis (“IFP”) status in the district court as described in the Instructions

for the type of case being appealed. The pro se party is called the “appellant” in such matters.

A pro se party challenging an administrative agency final decision must file a petition for review

and pay the docket fee or file for IFP status in the Court of Appeals, as described in the instructions for

Agency cases. The pro se party is called the “petitioner” in such matters.

A pro se appellant or petitioner must file Form B or Form D-P. A pro se party does not file Form

C or C-A, however, because a case that involves a pro se party is not eligible for the pre-argument

mediation process known as CAMP.

How To Appeal As A Pro Se Party To The United States Court Of Appeals For The Second Circuit - U.s. Court Of Appeals For The Second Circuit