Cross appeals - Briefing Schedule, Joint Record, Content of Briefs, Time for Service

In a cross appeal:

​The appealing parties must consult and make best efforts to stipulate to a briefing schedule. (22 NYCRR 1250.9(f)(1)(i)

In the First Judicial Department, if the parties fail to stipulate to an alternative briefing schedule, the cause must be perfected in accordance with the court's published terms calendar, and are not governed by the time parameters set forth in 22 NYCRR 1250.9(f)(1) (iv) through (vi). (22 NYCRR 1250.9(f)(1)(i).

The appealing parties must file a joint record or joint appendix certified as provided in 22 NYCRR 1250.7(g) and must  share equally the cost of that record or appendix (22 NYCRR 1250.9(f)(1))(ii);

The party that first perfects the appeal must be denominated the appellant-respondent (22 NYCRR 1250.9(f)(1)(iii));

A respondent-appellant's answering brief must include the points of argument on the cross appeal and, unless the parties have stipulated otherwise, must be filed and served within 30 days after service of the first appeal brief (22 NYCRR 1250.9(f)(1)(iv);

An appellant-respondent's reply brief must include the points of argument in response to the cross-appeal and, unless the parties have stipulated otherwise, must be filed and served within 30 days after service of the answering brief (22 NYCRR 1250.9(f)(1)(v));

Unless the parties have stipulated otherwise, a respondent-appellant's reply brief, if any, must be served within 10 days after service of appellant's reply brief. (22 NYCRR 1250.9(f)(1)(vi)).