New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle B - Courts
Chapter I - Court of Appeals
Subchapter A - Rules Of Practice
Part 500 - Rules Of Practice
Appeals
Section 500.13 - Content and form of briefs in normal course appeals

Universal Citation: 22 NY Comp Codes Rules and Regs ยง 500.13

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Content. All briefs shall conform to the requirements of section 500.1 of this Part and contain a table of contents, a table of cases and authorities, questions presented, point headings, and, if necessary, a disclosure statement pursuant to section 500.1(f) of this Part. Such disclosure statement shall be included before the table of contents in the party's principal brief. Appellant's brief shall include a statement showing that the court has jurisdiction to entertain the appeal and to review the questions raised, with citations to the pages of the record or appendix where such questions have been preserved for the court's review. The original of each brief shall be signed and dated, shall have the affidavit of service affixed to the inside of the back cover and shall be identified on the front cover as the original. Each brief shall indicate the status of any related litigation as of the date the brief is completed. Such statement shall be included before the table of contents in each party's brief.

(b) Brief covers. Brief covers shall be white and shall contain the caption of the case and name, address, telephone number, and facsimile number of counsel or self-represented litigant and the party on whose behalf the brief is submitted, and the date on which the brief was completed. In the upper right corner, the brief cover shall indicate whether the party proposes to submit the brief without oral argument or, if argument time is requested, the amount of time requested and the name of the person who will present oral argument (see section 500.18 of this Part). If a time request does not appear on the brief, generally no more than 10 minutes will be assigned. The court will determine the argument time, if any, to be assigned to each party. Plastic covers shall not be used.

(c) Word and page limits. Except by permission of the Court pursuant to subsection (c)(4) of this section, the following limitations apply:

(1) Briefs prepared by word-processing systems. The principal briefs of appellant and respondent shall not exceed 14,000 words; reply briefs, amicus briefs, and briefs in response to amicus briefs shall not exceed 7,000 words. The person whose signature appears in the brief pursuant to subsection (a) of this section shall certify the total word count for all printed text in the body of the brief. The certification may rely on the word count of the word-processing system used to prepare the brief.

(2) Typewritten and handwritten briefs. The principal briefs of appellant and respondent shall not exceed 35 pages; reply briefs, amicus briefs, and briefs in response to amicus briefs shall not exceed 20 pages.

(3) Common requirements. The word and page limits of this subsection apply only to the body of the brief and are exclusive of the statement of status of the related litigation; the corporate disclosure statement; the table of contents, the table of cases and authorities and the statement of questions presented required by subsection (a) of this section; and any addendum containing material required by subsection 500.1(h) of this Part. In a cross appeal, the responding/reply brief of the main appellant shall constitute a principal brief.

(4) Oversized briefs. An application for permission to file an oversized brief shall be by letter addressed to the Clerk of the Court, with proof of service of one copy on each other party, stating the number of additional words or pages requested, demonstrating with specificity good cause for the oversized brief and asserting that the brief has been edited for conciseness and to eliminate repetition. The letter shall be received by the Clerk's Office at least ten days before the brief is due to be filed.

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