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FAQs - Briefs & Records


Frequently Asked Questions

When must the Notice of Appeal be filed?

Where must the Notice of Appeal be filed?

When must the Appellant's Brief and Record on Appeal be filed?

What must the Appellant's Brief contain?

What must the Respondent's Brief contain?

What must the Appellant's Reply Brief contain?

Are attachments to Briefs permitted?

What are the page limits for Briefs?

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Q ] When must the Notice of Appeal be filed?

A ] The Notice of Appeal must be served upon the Adversary and filed within 30 days after service of a copy of judgment or order appealed from with notice of entry thereof, or if entered by appellant within 30 days from entry of judgment or order, or service of notice of its entry.

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Q ] Where must the Notice of Appeal be filed?

A ] The Notice of Appeal must be filed in the office where the judgment or order appealed from is entered, together with a copy of the Pre-Argument Statement, a copy of the Order or Judgment Appealed From and a $65 filing fee.

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Q ] When must the Appellant's Brief and Record on Appeal be filed?

A ] The Record on Appeal must be filed within 30 days from the date on the Notice of Appeal or, if a Transcript of Testimony is involved, within 30 days after settlement of the transcript.

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Q ] What must the Appellant's Brief contain?

A ] Table of Contents, Table of Authorities, Questions Presented, Nature of the Case, Argument, Conclusion and Statement Pursuant to CPLR 5531 or Pre-Argument Statement.

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Q ] What must the Respondent's Brief contain?

A ] Table of Contents, Table of Authorities, Counterstatement of the Questions Involved, or of the nature and facts of the case, if the respondent disagrees with the statement of the appellant and the Argument for the respondent.

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Q ] What must the Appellant's Reply Brief contain?

A ] Table of Contents, Table of Authorities, Reply for the Appellant, without repitition of the arguments contained in the main brief.

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Q ] Are attachments to Briefs permitted?

A ] Rule 600.10(d)iii prohibits addendums to Briefs unless authorized by the Court.

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Q ] What are the page limits for Briefs?

A ] 70 pages, if appellant's or respondent's, 35 pages if reply, including responsive brief to a respondent-cross-appellant's brief. A party seeking to file an oversized brief must obtain permission in advance. Permission is obtained by writing a letter to the Clerk of the Court and subnitting a copy of the proposed brief.

Civil & criminal appeals: Ten copies of the brief filed; two copies served. 600.11(b)(2)

Original proceedings: Original plus seven copies of moving and answering papers. 600.2

Consult Part 600 of the Court's Rules for general instructions.

For answers to specific questions or problems call the Clerk's office at: (212) 340-0422

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