Frequently
Asked Questions
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.
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.
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.
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.
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.
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.
Q ] Are attachments to Briefs permitted?
A ]
Rule 600.10(d)iii prohibits addendums to Briefs unless authorized by
the Court.
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) 340-0427, 0423,
0427
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