Current through Register Vol. 46, No. 12, March 20, 2024
(a) Record on appeal. On an appeal in a
case involving a sentence of death, appellant shall file with the clerk of the
Court of Appeals 15 copies of the settled, reproduced record of the proceedings
in the superior court, with proof of service on respondent of three copies of
the settled, reproduced record.
(b) The settled, reproduced record shall
contain the complete original file, including the transcribed stenographic
minutes of all proceedings occurring in the superior court, such as proceedings
on pretrial motions and hearings, opening and closing statements, jury voir
dire examination, all trial testimony, all legal argument of counsel, including
bench and chambers colloquies, the jury instructions, all communications to and
from the jury after instructions, proceedings on sentencing, and post-trial
motions and hearings. The record shall conform substantially with the
requirements of CPLR 5526, except that the subject matter of each page of the
record need not be stated at the top. The record shall also conform
substantially with the requirements of section
510.1 of this
Part, and shall contain in the following order so many of the following items
as are relevant to the case:
(1)
a cover which shall contain the title of the case on the upper portion and, on
the lower portion, the names, addresses, and voice and facsimile telephone
numbers of counsel for the parties, and the indictment number;
(2) the statement required by
CPLR 5531;
(3) a
table of contents which shall list and briefly describe each paper included in
the record. The part of the table relating to the transcript of testimony shall
separately list each witness and the page at which direct, cross, redirect and
recross examinations begin. The part of the table relating to exhibits shall
concisely indicate the nature and contents of each exhibit and the page in the
record where it is reproduced and where it was admitted into evidence. The
table shall also contain references to pages where a motion to dismiss the
indictment or to direct or set aside a verdict, or where an oral decision of
the court, appears;
(4) the notice of appeal, judgment or
order appealed from, judgment roll, corrected transcript, relevant exhibits and
any opinions or decisions in the case;
(5) a stipulation, or order settling the
transcript; and
(6) a
copy of either the stipulation described in section
510.10(d)
of this Part or the superior court order settling the record.
(c) Confidential
material.
(1) Documents and
transcripts ordered sealed by the courts below shall be reproduced in separate
volumes of the record on appeal. Each such volume shall be clearly identified
on the cover as containing confidential material.
(2) The people shall file,
separately from the record on appeal, one copy of all documents and transcripts
concerning the nature or substance of any grand jury testimony or evidence, and
any decision, result, or other matter attending a grand jury proceeding which
is required by C PL 190.25(4)(a) to be kept secret. All such volumes shall be
clearly identified on the cover as containing confidential grand jury
material.
(d) Appendix. Except on appeals taken
pursuant to C PL 450.70(1), the Court of Appeals sue sponte may order
appellant, or appellant may seek permission pursuant to section
510.12 of this
Part, to prosecute the appeal upon one copy of the settled, reproduced record
and 15 copies of an appendix which conforms to the requirements of CPLR 5528
and 5529 and section
510.1 of this
Part. The appendix shall be bound separately from the brief and shall include
the following items:
(1) the
notice of appeal;
(2)
the statement required by CPLR 5531;
(3) the order or judgment of the
superior court from which the appeal is taken;
(4) any other order sought to be
reviewed;
(5) the
written and oral decisions of the superior court, as relevant;
(6) findings of fact, as
relevant;
(7) the
indictment; and
(8)
those portions of the testimony, affidavits, legal arguments, and written and
photographic exhibits referenced in appellant's brief and reasonably expected
to be referenced in respondent's brief, and all other portions that may be
useful to the determination of the questions raised on the appeal.
The prior filing of a preliminary appeal
statement pursuant to section
510.9
of this Part does not satisfy the requirements of this section. Where appellant
has filed an inadequate appendix, respondent may move to strike the appendix
pursuant to section
510.12 of this
Part or may submit a respondent's appendix containing additional parts of the
record deemed necessary for the court to consider the questions
involved.
(e) Briefs. Briefs shall conform to the
requirements of section
510.1 of this
Part. The cover of the brief shall set forth the title of the case. The upper
right hand section shall contain a notation stating whether the case shall be
argued or submitted. If the case is to be argued, the notation shall state the
name of counsel who will argue and the amount of time granted for oral
argument. The lower right hand section shall contain the name, address, and
voice and facsimile telephone number of counsel filing the brief, and the date
the brief was filed, and shall indicate whom counsel represents. Unless
authorized by the clerk of the Court of Appeals, briefs shall not contain maps,
photographs, or other addenda. Boldface type shall only be used in point
headings or subheadings.
(1)
Appellant shall file 15 copies of the appellant's brief and the issue
identification statement required by section
510.8(c)
of this Part, with proof of service of three copies on respondent. The
appellant's brief shall contain in the following order:
(i) a table of contents including the
titles of the points urged in the brief;
(ii) a list of all authorities cited in
the brief;
(iii) a
concise statement of the questions involved without names, dates, or
particulars. Each question shall be numbered, set forth separately, and
followed immediately by the answer, if any, of the court from which the appeal
is taken;
(iv) a
concise statement of the nature of the case and of the facts which should be
known to determine the questions involved, with supporting references to pages
in the record or the appendix, including, if such be the case, a statement that
proceedings on the judgment or order appealed from have been stayed pending a
determination of the appeal; and
(v) the appellant's argument, which
shall be divided into points by appropriate headings distinctively
printed.
(2) Respondent shall file 15 copies of
the respondent's brief, with proof of service of three copies on appellant. The
respondent's brief shall contain, in the following order:
(i) a table of contents including the
titles of the points urged in the brief;
(ii) a list of all authorities cited in
the brief;
(iii) a
counter statement of the questions involved or of the nature and facts of the
case, if respondent disagrees with the statement of appellant; and
(iv) the argument for
respondent, which shall be divided into points by appropriate headings
distinctively printed.
(3) Appellant shall file 15 copies of
the appellant's reply brief, with proof of service of three copies on
respondent. The appellant's reply brief shall contain, in the following order:
(i) a table of
contents;
(ii) a list
of all authorities cited in the brief; and
(iii) the reply for appellant, without
repetition of the arguments contained in the main brief, which shall be divided
into points by appropriate headings distinctively printed.