Filing of record material and briefs in normal course appeals and required copies By Joel R. Brandes
Generally, in an appeal tracked for normal course treatment, the clerk of the Court issues a scheduling letter after the filing of the preliminary appeal statement. A scheduling letter also issues upon the termination of an inquiry pursuant to section 500.10 or 500.11. The scheduling letter sets the filing dates for record material and briefs.1 In addition to the submission in digital format required by subsection 500.14 (g), if a scheduling letter is issued, on or before the date specified in the scheduling letter, the appellant must serve and file record material in compliance with section 500.14 of the rules of the Court of Appeals and remit the fee, if any, required by section 500.3(a).2 In addition to the submission in digital format required by subsection 500.12 (h), appellant must also shall file an original and nine copies of a brief, with proof of service of three copies on each other party. If no scheduling letter is issued, the appellant's papers must be served and filed within 60 days after appellant took the appeal by serving a notice of appeal on the adverse party and by filing a notice of appeal in the place and manner required by CPLR 5515, or entry of an order granting a motion for leave to appeal in a civil case.3 In addition to the submission in digital format required by subsection 500.12 (h) of this section and subsection 500.14(g), on or before the date specified in the scheduling letter, respondent must serve and file an original and nine copies of a brief and an original and nine copies of a supplementary appendix, if any, with proof of service of three copies on each other party. If no scheduling letter is issued, respondent's papers must be filed within 45 days after service of appellant's brief. A reply brief is not required. If a scheduling letter is issued, a reply brief may be served and filed by the appellant on or before the date specified in the scheduling letter. If no scheduling letter is issued, a reply brief may be served and filed within 15 days after service of respondent's brief. Where cross appeals are filed, the cross appellant may serve and file a reply brief to the main appellant's responsive brief. In addition to the submission in digital format required by subsection 500.12 (h), an original and nine copies of a reply brief must be served and filed, with proof of service of three copies on each other party.4 Surreply briefs are not permitted.5 The Attorney General of the State of New York may file, no later than the filing date set for respondent's brief, an original and nine copies of an amicus curiae brief without leave of the Court, with proof of service of three copies on each party. Any other proposed amicus curiae must request amicus curiae relief pursuant to section 500.23(a)(1).6 Briefs in response to an amicus curiae brief are not required but may be served and filed by a party whose position is adverse to that of the amicus curiae. The brief must be served and filed within 15 days after the date of the Court's order granting a motion for amicus curiae relief or within 15 days after the service of an amicus curiae brief by the Attorney General of the State of New York. In addition to the submission in digital format required by subsection 500.12 (h), an original and nine copies must be filed, with proof of service of three copies on each other party and one copy on each amicus curiae.7 Each appellant, respondent and amicus curiae must submit in digital format its brief and record material. The brief and record material in digital format must be identical to the filed original printed brief and record material, except they need not contain an original signature, and they 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, briefs and record material in digital format must be received by the Clerk's Office no later than the filing due date for the printed brief and record material.8 All submissions under section 500.12 must comply with the requirements of section 500.5 regarding sealing and redaction.9