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Contents of Records, Appendices and Exhibits in Normal Course Appeals

                         Contents of Records, appendices and exhibits in normal course appeals
 
                                        By Joel R. Brandes
 
          The Appellant may supply the Court with record material in one of three ways:1 Appellant may subpoena the original file to the Court of Appeals from the clerk of the court of original instance or other custodian, and submit original exhibits to be relied upon, and, in addition to the submission in digital format required by subsection 500.14 (g), supplement these with an original and nine copies of an appendix conforming to subsection 500.14 (b), with proof of service of three copies of the appendix on each other party. If appellant is represented by assigned counsel, or has established indigency, an oral or written request may be made of the Clerk of the Court to obtain the original file.2
          In addition to the submission in digital format required by subsection 500.14 (g) appellant may file with the Clerk of the Court one copy of the reproduced record used at the intermediate appellate court. This record must be supplemented by an original and nine copies of an appendix conforming to subsection 500.14(b), with proof of service of three copies of the appendix on each other party.3
          In addition to the submission in digital format required by subsection 500.14 (g), appellant may file with the Clerk of the Court an original and nine copies of a new and full record which must include the record used at the court below, the notice of appeal or order granting leave to appeal to the Court of Appeals, the decision and order appealed from to the Court of Appeals, and any other decision and order brought up for review, with proof of service of three copies of the new record on each other party.
          The new and full record referred to in subsection 500.14 (a)(3) or the appendix must contain the statement required by CPLR 5531.4 The correctness of the new and full record referred to in subsection 500.12 (a)(3) or the appendix and additional papers must be authenticated pursuant to CPLR 2105 or stipulated to pursuant to CPLR 5532.5
          An appendix must conform to the requirements of CPLR 5528 and 5529. It must be sufficient by itself to permit the Court to review the issues raised on appeal without resort to the original file (see subsection 500.14 [a][1]) or reproduced record used at the court below (see subsection 500.14 [a][2]). The Clerk's Office encourages the filing of any appendix as a separately bound submission. The appendix must include, as relevant to the appeal, the following:
   (1) the notice of appeal or order or certificate granting leave to appeal;
   (2) the order, judgment or determination appealed from to this Court;
   (3) any order, judgment or determination which is the subject of the order appealed from, or which is otherwise brought up for review;
   (4) any decision or opinion relating to the orders set forth in subsections 500.14 (b)(2) and (3); and
   (5) the testimony, affidavits, jury charge and written or photographic exhibits useful to the determination of the questions raised on appeal or cited in the brief of the party filing the appendix.6 A respondent may file a supplementary appendix. The Clerk's Office encourages the filing of any supplementary appendix as a separately bound submission.7
          Each appellant must submit in digital format its appendix pursuant to subsection 500.14 (a)(1), intermediate appellate court record and appendix pursuant to subsection 500.14 (a)(2), or new and full record pursuant to subsection 500.14 (a)(3). If a respondent files an appendix pursuant to section 500.14, respondent must submit in digital format such appendix. The record material in digital format must be identical to the filed original printed record material, except it need not contain an original signature, and it must comply with the technical specifications and instructions for submission available from the Clerk's Office. Unless otherwise permitted by the Clerk of the Court, record material in digital format must be received by the Clerk's Office no later than the due date for the printed record material.8
          All submissions under section 500.14 must comply with the requirements of22 NYCRR 500.5 regarding sealing and redaction.9
          The Court of Appeals adopted word and page limits for brief which apply to all appeals for which the preliminary appeal statement was filed on or after the June 22 effective date. Principal briefs filed on normal course appeals, certified questions and review of the determinations of the State Commission on Judicial Conduct are subject to a 14,000 word limit. Requests to exceed the limit may be made by letter. Rule 500.11 submissions (the Alternative Procedure for Selected Appeals), reply briefs, amicus curiae briefs and briefs in response to amicus curiae briefs are subject to a 7,000 word limit. The Rules provide corresponding page limits for briefs that are handwritten or prepared on a typewriter.10
 
 
 


1 22 NYCRR &s;§500.14(a)(1).

2 22 NYCRR &s;§500.14(a)(2).

3 22 NYCRR &s;§500.14(a)(3).

4 22 NYCRR &s;§500.14(f). 

5 2 NYCRR &s;§500.14(f).
 

6 22 NYCRR &s;§500.14(b).

7 22 NYCRR &s;§500.14(c).

8 22 NYCRR &s;§500.14(g).

9 22 NYCRR &s;§500.14(h).

10 See Rule 500.13(c).
 
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  • Home
  • Recent Decisions
  • Recent Legislation and Rules
  • Appeals to the Appellate Divison
    • Instructions for taking an Appeal to the Appellate Division
    • Who is served with the notice of appeal?
    • Registration and Consent to Efiling by Respondents Within 20 days of being served the notification of docket number
    • Preserving the Right to Appeal
    • Appellate Division is Single Statewide Court
    • Appeals to the Appellate Division as of Right from the Supreme Court
    • Permissible Appellant—“Aggrieved party” and Mootness doctrine
    • Permissible Appellant - Appealable Judgment or Order
    • Permissible Appellant - Appeal from Order denying motion with leave to renew or without prejudice
    • Appeals : Appellate Review of Non-final Orders in Matrimonial Actions
    • Appeals : Fundamental and Harmless Error
    • Appeals : Matrimonial Presumptions and the Burden of Proof
    • Appeals : Stare Decisis, Precedent and Dicta
    • Appeals : Understanding the Support Magistrate Objection Process
    • Appeals to the Appellate Division from Family Court
    • Perfecting the Appeal to the Appellate Division - Methods
    • Perfecting the Appeal to the Appellate Division - Appellate Division Bound by Record
    • Perfecting the Appeal to the Appellate Division - Order and Settle the Transcript
    • Method of Settlement of the Transcript
    • Appeals to Appellate Division from Supreme Court by permission
    • Form of Record and Briefs - Parties, Docket Number, Method of Reproduction
    • ​Form of Briefs and Appendices - CPLR
    • What must be in the Reproduced Full Record
    • What is the Judgment-roll?
    • What must be in the Appendix.
    • What must be in Briefs
    • Time, number and manner of filing of records, appendices and briefs
    • Cross appeals - Briefing Schedule, Joint Record, Content of Briefs, Time for Service
    • Extension of time to perfect appeal
    • Concurrent appeals, Appeals from a single order or judgment. Consolidation of Appeals.
    • First Department Requirement of note of issue
    • Stay of Enforcement of Order or Judgment Pending Appeal
    • Practice in the Appellate Division: What Laws Govern
    • Practice Rules of the Appellate Divison: Joint & Local Rules
    • Practice in the Appellate Division First Department New and Amended Local Rules June 25, 2021
    • Practice in the Appellate Division, First Department, Frequently asked questions
    • Practice in the Appellate Divison: Motions in the First Department
    • Practice in the Appellate Divison: Motions in the Second Department
    • Practice in the Appellate Division: Motions in the Third Department
    • Practice In The Appellate Division:Motions in the Fourth Department
    • Instructions for Taking an Appeal Frequently Asked Questions
    • Instructions for Perfecting an Appeal to the Appellate Division
    • Instructions to Perfect an Appeal in the Third Department
    • Instructions to perfect an appeal in the Fourth Department
    • Appellate Division Fourth Department Q & A
    • Universal E-filing in the Fourth Department
    • Standards of Appellate Review in Matrimonial Actions
    • Standard of Review— Appellate review of Custody Determinations
    • Standard of Review of Custody Determinations - Effect of Changed Circumstances During Pendency of Appeal
    • Standards of Review : Fugative disentitlement doctrine in custody and child support appealsw Page
    • Mandatory Electronic filing (e-filing): First Department
    • Electronic filing (e-filing): First Department Digital submission in Non-Efiled Matters - June 1, 2020
    • Electronic filing (e-filing): First Department New and Amended Local Rules Updated June 25, 2021
    • Electronic filing (e-filing): First Department Formatting Specifications
    • Electronic filing (e-filing): First Department Frequently Asked Questions
    • Electronic filing (e-filing): Second Department Technical Guidelines
    • Mandatory Electronic filing (e-filing): Second Department
    • Electronic filing (e-filing): First Department Motions Frequently Asked Questions
    • Electronic filing (e-filing): Second Department - Motions -22 NYCRR 670.4 (d)
    • Electronic filing (e-filing): Third Department - Digital Copies - 22 NYCRR 850.4 (a)
    • Electronic filing (e-filing): Third Department Motion FAQs
    • Mandatory Electronic filing (e-filing): Fourth Department
    • Electronic filing (e-filing): Fourth Department Motion FAQS
    • Electronic filing Authorization in matrimonial actions
    • E-filing Rules and Forms of the Appellate Division
    • Joel R. Brandes Reported Appeals
  • Court of Appeals Rules of Practice
  • How to take an Appeal to the Court of Appeals
  • I. Appeals as of Right
  • II. Motions for Leave to Appeal
  • III. Guidelines for Preparing a Motion for Leave to AppeaNew Page
  • IV. Rule 500.11 Review Aternate Procedure for Selected Appeals
  • V. Appealability and Reviewability
  • VI. What is a Final Determination
  • VII. The "Necessarily Affects" Requirement
  • Filing of record material and briefs in normal course appeals and required copies
  • Contents of Records, appendices and exhibits in normal course appeals
  • Content and form of Briefs in normal course appeals
  • Civil and Criminal Appeals Frequently Asked Questions
  • Civil Motions Frequently Asked Questions
  • Court-Pass - Digital Filing Frequently Asked Questions
  • Court of Appeals Portal for uploading companion digital submissions
  • Court of Appeals Court Pass Public Access and Search
  • New York Divorce Law
    • Agreements Before & During Marriage
    • Custody & Visitation
    • Child Support Awards
    • Counsel Fee Awards
    • Enforcement of Judgments & Orders
    • Equitable Distribution
    • Equitable Distribution Law for Trial Counsel
    • Equitable Distribution Decisions Chart
    • Exclusive Occupancy of Marital Home
    • Grounds for Divorce
    • Maintenance Awards until 2016
    • Maintenance Awards after January 22, 2016
    • Modification of Maintenance and Child Support Orders and Judgments
    • Orders of Protection
    • Special Relief - Insurance
    • Spousal Support Awards
    • Table of Effective dates of Revisions to Domestic Relations Law §§ 236, 237, and 240
    • Timetable For Service of Motion Papers
    • Uniform Child Custody Jurisdiction & Enforcement Act
  • Additional Articles and Information about New York Divorce & Family Law
    • Adoption Information
    • Antenuptial and Post Nuptial Agreements
    • Child Abuse & Prevention
    • Child Custody & Parental Alienation Information
    • Child Support
    • Common Law Marriage
    • Child Visitation Supervisors
    • Degrees & Licenses
    • Domestic Violence
    • Emergency Court Applications
    • Engagement gifts
    • Evidence Law
    • Family Court Proceedings
    • Federal Law Divorce Resources (Pension and Social Security)
    • Frequently Asked Questions
    • Grandparent and Non-Parent Visitation
    • Grounds for Divorce
    • Legal Fees, Liens & Sanctions
    • Litigation & Procedure
    • Maintenance and Child Support New York Court System Tools
    • Maintenance, Special Relief & Spousal Support
    • Marital Property and Property Distribution
    • New York Motion Practice
    • Professional Conduct
    • Retirement Benefits
    • Questions about Income Tax
    • Right to Counsel in Matrimonial Action
    • Role of the Attorney for the Child
    • Valuation Aids
  • ​New York Court System Links for Lawyers
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  • New York Court Websites and Decisions
  • Electronic Filing in Supreme Court Rules and FAQ's
  • Using EDDS Electronic Delivery to Courts
  • New York Courts Case Search Page for E-filed Case Files
  • New York Court System Site Map
  • Family Court Official Forms
  • International Child Abduction Remedies
    • International Child Abduction
    • Hague International Child Abduction Convention cases from 2011 to date.
    • Hague international Child Abduction Table of Reported and Unreported Cases from 1988 until 2010
  • Site Map of The Law Firm of Joel R. Brandes PC website
  • Make an Appointment for a Consultation
    • Consultation Fee Payment
  • Joel R. Brandes Curriculum vitae
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