Current through Register Vol. 46, No. 12, March 20, 2024
(a) The cover shall set forth the title
of the action or proceeding. The upper right-hand section shall contain a
notation stating: whether the cause is to be argued or submitted; if it is to
be argued, the time actually required for the argument; and the name of the
attorney who will argue. The lower right-hand section shall contain the name,
address, telephone number and email address of the attorney filing the brief
and shall indicate whom the attorney represents.
(b) Appellant's Brief. The
appellant's brief shall include, in the following order:
(1) a table of contents, which
shall include (i) a list of point headings and (ii) the contents of the
appendix, if it is not bound separately, with references to the initial page of
each document included and of the direct, cross and redirect examination of
each witness;
(2) a
table of cases (alphabetically arranged), statutes and other authorities,
indicating the pages of the brief where they are cited;
(3) a concise statement, not
exceeding two pages, of the questions involved, set forth separately and
followed immediately by the answer, if any, of the court from which the appeal
is taken;
(4) a
concise statement of the nature of the case and of the facts which should be
known to determine the questions involved, with appropriate citations to the
reproduced record, appendix, original record or agreed statement in lieu of
record;
(5) the
argument for the appellant, which shall be divided into points by appropriate
headings distinctively printed;
(6) a statement certifying compliance
with printing requirements under this Part, on a form approved by the court, as
set forth in subdivision (j);
(7) in the First and Second Judicial
Departments, the appellant's brief shall include as an addendum the statement
required by CPLR 5531;
(8) in the First and Second Judicial
Departments, in any civil cause permitted to be heard on the original record,
the appellant's brief shall include:
(i) a copy of the order or judgment
appealed from and the decision, if any;
(ii) a copy of the opinion and
findings, if any, of a hearing officer and the determination and decision of
any administrative department, board or agency; and
(iii) a copy of the notice of
appeal or order transferring the proceeding to this court.
(c)
Respondent's Brief. The respondent's brief shall conform to the requirements of
subdivision (b), except that a counterstatement of the questions involved or a
counterstatement of the nature and facts of the case shall be included only if
the respondent disagrees with the statement of the appellant.
(d) Reply Brief. Any reply
brief of the appellant or cross appellant shall conform to the requirements of
subdivision (b), without repetition. An appellant's reply in a cross appeal
shall include the points of argument in response to the cross appeal.
(e) Sur-reply
Brief. Absent leave of the court, sur-reply briefs shall not be permitted.
(f)
Computer-generated briefs.
(1)
Briefs prepared on a computer shall be printed in either a serifed,
proportionally spaced typeface such as Times Roman, or a serifed, monospaced
typeface such as Courier. Narrow or condensed typefaces and/or condensed font
spacing may not be used. Except in headings and in quotations of language that
appears in such type in the original source, words may not be in bold type or
type consisting of all capital letters.
(i) Briefs set in a proportionally
spaced typeface. The body of a brief utilizing a proportionally spaced typeface
shall be printed in 14-point type, but footnotes may be printed in type of no
less than 12 points.
(ii) Briefs set in a monospaced
typeface. The body of a brief utilizing a monospaced typeface shall be printed
in 12-point type containing no more than 101/2 characters per inch, but
footnotes may be printed in type of no less than 10 points.
(2)
Computer-generated appellants' and respondents' briefs shall not exceed 14,000
words, and reply and amicus curiae briefs shall not exceed 7,000 words,
inclusive of point headings and footnotes and exclusive of signature blocks and
pages including the table of contents, table of citations, proof of service,
certificate of compliance, or any addendum authorized pursuant to subdivision
(k).
(g)
Typewritten briefs.
(1)
Typewritten briefs shall be neatly prepared in clear type of no less than elite
in size and in a pitch of no more than 12 characters per inch. The original of
the brief shall be signed and filed as one of the number of copies required by
section 1250.9 of this Part.
(2) Typewritten appellants' and
respondents' briefs shall not exceed 50 pages and reply briefs and amicus
curiae briefs shall not exceed 25 pages, exclusive of pages containing the
table of contents, table of citations, proof of service, certificate of
compliance, or any addendum authorized pursuant to subdivision (k).
(h) Margins, line
spacing and page numbering of computer-generated and typewritten briefs.
Computer-generated and typewritten briefs shall have margins of one inch on all
sides of the page. Text shall be double-spaced, but quotations more than two
lines long may be indented and single-spaced. Headings and footnotes may be
single-spaced. Pages shall be numbered consecutively.
(i) Handwritten briefs.
(1) Self-represented litigants
and persons filing pro se supplemental briefs may serve and file handwritten
briefs. Such briefs shall be neatly prepared in cursive script or hand printing
in black or blue ink.
(2) Handwritten appellants' and
respondents' briefs shall not exceed 50 pages and reply briefs and amicus
curiae briefs shall not exceed 25 pages, exclusive of pages containing the
table of contents, table of citations, proof of service, certificate of
compliance or any addendum authorized pursuant to subdivision (k). Pages shall
be numbered consecutively. The submission of handwritten briefs is not
encouraged. If illegible, handwritten briefs may be rejected for filing by the
clerk.
(j) Printing Specifications Statement.
Every brief, except those that are handwritten, shall have at the end thereof a
printing specifications statement, stating that the brief was prepared either
on a typewriter, a computer or by some other specified means. If the brief was
typewritten, the statement shall further specify the size and pitch of the type
and the line spacing used. If the brief was prepared on a computer, the
statement shall further specify the name of the typeface, point size, line
spacing and word count. A party preparing the statement may rely on the word
count of the processing system used to prepare the brief.
The signing of the brief in accordance
with section
130-1.1 -a(a) of this Title shall
also be deemed the signer's representation of the accuracy of the statement.
(k) Briefs
may include addenda that are composed exclusively of decisions, statutes,
ordinances, rules, regulations, local laws, or other similar matter cited
therein that were not published or that are not otherwise readily available.