Rules of Practice of the Appellate Division, First Judicial Department (22 NYCRR Part 600, effective September 17, 2018); (See https://www.nycourts.gov/courts/ad1/ )
New and Amended Local Rules of the Appellate Division, First Department Updated June 25, 2021
Hard Copy Filing - NEW Briefs, Records and Appendices. Commencing with appeals perfected for the September 2021 Term, in addition to electronic filing, the Court will require the original and one copy (for a total of two hard copies) of records, appendices and briefs in civil appeals only to be filed with the clerk. In all e-filed matters, the filing of such hard copies shall be delayed until receipt of email notification that the clerk has reviewed and approved the electronic version of the document. Once approved, the hard copies shall be filed within two business days of the notification (see Rule 1245.6[2]). Motions and Original Proceedings. Motions and applications, and original proceedings shall be filed in digital form only (via NYSCEF or Digital Submission Portal). No hard copy submission is required. Hyperlinks – NEW Commencing with all appeals perfected for the September 2021 Term, the Court will accept, on a voluntary basis, briefs with hyperlinks to cited primary authorities (constitutions, case law, statutes, rules and regulations) available on Westlaw, Lexis, or state or federal government websites. Citations to secondary and other sources should not be hyperlinked. All citations (with or without hyperlinks) shall appear in standard citation form. Electronic Filing Matters Subject to Mandatory E-filing All matters before the First Department, except original proceedings and attorney matters, are subject to mandatory e-filing via NYSCEF in accordance with the procedural and electronic filing rules of the Court. See https://nycourts.gov/courts/AD1/PDFs/AD1-2.0AugustUpdate2021.pdf (Last accessed July 12, 2021)
Second Department Rules of Practice 22 NYCRR Part 670 Effective September 18, 2018; (See https://www.nycourts.gov/courts/ad2/ and https://www.nycourts.gov/courts/ad2/pdf/Local_Rules.pdf
Amended Local Rules of the Appellate Division, Third Department as of November 2, 2020 - 22 NYCRR 850.4 (a)
Rule 1250.9 of the Practice Rules of the Appellate Division requires parties to submit a digital copy of all briefs, records and appendices, in addition to hard copies. As of November 2, 2020, Rule 850.4 (a) of the Rules of Practice of the Third Department requires digital copies of all papers related to motions and applications, in addition to hard copies. These Rules apply to all matters, regardless of whether the matter is subject to mandatory e-filing. 22 NYCRR 1250.1 (a) (12) defines "digital copy" as "a document in text-searchable portable document format and otherwise compliant with the technical requirements established by the court." E-filed matters satisfy the "digital copy" requirement 22 NYCRR 1250.9. "Pro se or unrepresented parties shall be exempt from the requirements of filing a digital copy of any brief or other document" (22 NYCRR 1250.9 [e]), including motions and applications (see 22 NYCRR 850.4 [a]). For all non-E-filed matters, digital copies shall be submitted through the Court's Digital Submission Portal. The Third Department requires digital copies to comply with the technical requirements as set forth in Attachment A of the E-filing Rules of the Appellate Division. Use the links below to submit digital copies. Filers who are using the digital portal for the first time must request access to use the system. (See https://www.nycourts.gov/ad3/Clerk/Index.html ) Last accessed July 11, 2021)
Amended Local Rules of the Appellate Division: Fourth Department - 22 NYCRR 1000.4 – July 1, 2020 Digital Submission of Motion Papers in Non efiled cases Effective July 1, 2020, the local rules of the Appellate Division, Fourth Department (22 NYCRR Part 1000) have been amended to provide for digital submission of motion papers. The amended motion rule, new Rule 1000.4 (a), requires the submission of digital motion papers in non-e-filed cases, with an exception for exempt attorneys and parties, and dispenses with the requirement that a hard copy of such motion papers be filed. (See 22 NYCRR Part 1000.4)
22 NYCRR 1000.4 (a). In matters not subject to electronic filing, except as otherwise provided, all motion and application papers shall be submitted in digital format through the Court’s digital copy portal, and shall be served on all parties electronically to the extent practicable in accordance with 22 NYCRR 1250.1 (c)(4). Digital copies of motions and applications shall comply with the technical specifications for electronically filed documents (Attachment A to 22 NYCRR Part 1245). Where such papers are submitted in digital format, no hard copy submission is required. Exempt attorneys and exempt litigants, as defined in 22 NYCRR 1245.4, are exempt from the digital filing requirement and must file original papers in hard copy in accordance with 22 NYCRR 1250.4 (a).
Electronic filing (e-filing): Fourth Department New Rule 22 NYCRR 1000.17 - July 1, 2020 Mandatory e-filing in Family Court Effective July 1, 2020, the local rules of the Appellate Division, Fourth Department (22 NYCRR Part 1000) have been amended to provide for mandatory e-filing in Family Court and criminal matters, Rule 1000.17, addresses the application of the e-filing rules to assigned counsel, requires the e-filing of a specified appendix in both Family Court and criminal matters, and encourages e-filing of court transcripts where possible. The new rule also requires motions to be e-filed in Family Court and criminal matters, and dispenses with the requirement that a hard copy of such motions be filed. (See https://ad4.nycourts.gov/press/notices/5ef1db8ea5e5aa60dc973a3b (last accessed July 11, 2021)
New and Amended Local Rules of the Appellate Division Fourth Department Effective April 1 2021[1]
1000.2 Designation of Case Types Subject to Electronic Filing
Pursuant to 22 NYCRR 1245.2, to the extent not previously designated by the Court for mandatory electronic filing, all appeals filed with the Court in which a notice of appeal is filed on or after April 1, 2021, all matters transferred to the Court by order dated on or after April 1, 2021, and all special proceedings commenced in the Court on or after April 1, 2021 shall be designated for mandatory electronic filing and subject to 22 NYCRR Part 1245 and the Rules of Practice of this Court governing electronic filing.[2]
1000.4 Motions
(a) Digital submissions required. In matters not subject to electronic filing, except as otherwise provided, all motion and application papers shall be submitted in digital format through the Court’s digital copy portal, and shall be served on all parties electronically to the extent practicable in accordance with 22 NYCRR 1250.1 (c) (4). Digital copies of motions and applications shall comply with the technical specifications for electronically filed documents (Attachment A to 22 NYCRR Part 1245). [3]Where such papers are submitted in digital format, no hard copy submission is required. Exempt attorneys and exempt litigants, as defined in 22 NYCRR 1245.4, are exempt from the digital filing requirement and must file original papers in hard copy in accordance with 22 NYCRR 1250.4 (a).
(d) Family Court Act § 1114 and CPLR 5704 (a). Unless otherwise ordered by a Justice of this Court, an application for a stay pursuant to Family Court Act § 1114 or an application pursuant to CPLR 5704 (a) shall be made by order to show cause pursuant to 22 NYCRR 1250.4 (b). An application to extend a stay granted pursuant to Family Court Act § 1114 shall be made by motion on notice pursuant to 22 NYCRR 1250.4 (a). [4]
1000.7 Form and Content of Records and Appendices; Exhibits
(b) Certification of record or appendix. An original record shall be certified either by: (1) a certificate of the appellant's attorney pursuant to CPLR 2105; (2) a certificate of the proper clerk; or (3) a stipulation in lieu of certification pursuant to CPLR 5532 or, if the parties are unable to stipulate, an order settling the record.[5] Any dispute over a certification of the record or appendix pursuant to 22 NYCRR 1250.7 (g) or this subdivision,[6] or the contents of a record or appendix so certified, shall be directed to the court from which the appeal is taken.
(d) Appendices - criminal appeals. Pursuant to 22 NYCRR 1250.7 (d) (3), in a criminal matter, when permission to proceed as a poor person has been granted, the appendix to be filed and served by the appellant shall contain, in the following order: the description of the action required by CPLR 5531; a copy of the notice of appeal with proof of service and filing; a copy of the certificate of conviction and the judgment from which the appeal is taken; a copy of the indictment, superior court information or other accusatory instrument; all motion papers, affidavits and, to the extent practicable, written and photographic exhibits relevant and necessary to the determination of the appeal; a copy of any prior order entered by the trial court affecting the appeal, including but not limited to an order that grants a stay; and, pursuant to 22 NYCRR 1250.7 (g), the stipulation of the parties or their attorneys to the correctness of the record, the order settling the record, the certificate of the appellant's attorney pursuant to CPLR 2105, or the certificate of the proper clerk.[7][8]
(e) Demand for exhibits. Absent a stipulation of the parties pursuant to 22 NYCRR 1250.7 (c) or 1250.11 (c), all original exhibits shall be submitted to the Court. Upon perfecting an appeal, an appellant shall file the original exhibits or, when the exhibits are in the control of a respondent or a third party, a five-day written demand for the exhibits or a subpoena duces tecum for the exhibits issued in accordance with CPLR article 23, with proof of service thereof. The failure of a respondent to comply with a five-day demand may result in sanctions pursuant to 22 NYCRR 1250.1 (h). [9]
1000.9 Time, Number and Manner of Filing of Records, Appendices and Briefs
(a) Extension of time to perfect. An extension of time to perfect an appeal may be obtained, pursuant to 22 NYCRR 1250.9 (b), by a letter application, stipulation or motion. A stipulation to extend the time to perfect an appeal pursuant to 22 NYCRR 1250.9 (b) shall be filed on or before the date by which the appeal is required to be perfected.[10] A motion for an extension of time to perfect an appeal pursuant to 22 NYCRR 1250.9 (b) shall be supported by an affidavit demonstrating with particularity a reasonable excuse for the delay and an intent to perfect the appeal within a reasonable time.
(b) Extension of time to file brief. An extension of time to file and serve a responsive brief may be obtained, pursuant to 22 NYCRR 1250.9 (g), by a letter application, stipulation or motion.[11]A stipulation to extend the time to file and serve a responsive brief pursuant to 22 NYCRR 1250.9 (g) (1) shall be filed on or before the date by which the brief was originally required to be filed. In no case shall the parties stipulate to [12]an extension of time to file and serve a responsive brief that would permit the filing and service of the brief within 30 days of the date upon which the matter is scheduled to be heard. A motion for an extension of time to file and serve a responsive brief pursuant to 22 NYCRR 1250.9 (g) (2) shall be supported by an affidavit demonstrating with particularity a reasonable excuse for the delay and an intent to file and serve the brief within a reasonable time.
(c) Hard copies of records and appendices
(1) Hard copies of records and appendices in matters perfected upon the reproduced full record method or appendix method. Except where a party is exempt from filing a digital copy of a document pursuant to 22 NYCRR 1245.4 or 1250.9 (e), the hard copy filing requirement in 22 NYCRR 1245.6 (a) and 1250.9 (a) (1) and (a) (2) with respect to records and appendices in matters perfected using the reproduced full record method or appendix method shall be satisfied by the filing of an original and two hard copies of the record or appendix. Parties exempt from filing a digital copy of a document shall file the number of hard copies of records and appendices otherwise provided by the rules. (2) Hard copies of records and appendices in matters perfected upon the original record. The hard copy filing requirement in 22 NYCRR 1245.6 (a) with respect to records and appendices in matters perfected upon the original record shall be satisfied by the filing of a hard copy of the complete record, consistent with 22 NYCRR 1250.9 (a) (4) (ii). [13]
(d)[14] Digital copies. In matters not subject to electronic filing, digital copies of the records, appendices and briefs filed pursuant to 22 NYCRR § 1250.9 (a), (c) and (d) shall comply with the technical specifications for electronically filed documents (Attachment A to 22 NYCRR Part 1245) and shall be filed and served as directed by the Clerk of the Court.[15]
(e) Service of original record in matters not subject to e-filing. When perfecting on the original record pursuant to 22 NYCRR 1250.9 (a) (4), an appellant shall file a hard copy of the complete record, together with proof of service of one hard copy of the record upon each other party to the appeal. [16]
1000.11 Additional Rules Relating to Criminal Appeals (c) Pro se supplemental briefs where counsel does not seek to withdraw. When assigned counsel does not move to be relieved as counsel[17] , a defendant wishing to file a pro se supplemental brief pursuant to 22 NYCRR 1250.11 (g) (2)shall file an original and five copies of such brief, with proof of service of one copy on assigned counsel and one copy on the People. [18] The[19] People may file and serve an original and five hard copies and a digital copy of a responding brief, with proof of service of one copy on assigned counsel and one copy on the defendant[20]no later than 45 days after defendant has served the pro se supplemental brief. A request for an extension of time to file and serve a pro se supplemental brief or a responding brief shall be made by motion and supported by an affidavit demonstrating with particularity a reasonable excuse for the delay and an intent to file and serve the brief within a reasonable time. [21]
1000.12 Transferred Proceedings.
(a) Original papers. A proceeding transferred to this Court pursuant to CPLR 7804 (g) shall be prosecuted upon the original papers, which shall include the notice of petition or order to show cause and petition, answer, any other transcript or document submitted to Supreme Court, the transcript of any proceedings at Supreme Court, the order of transfer and any other order of Supreme Court. When the proceeding has been transferred prior to the filing and service of an answer, a respondent shall file and serve an answer within 25 days of filing and service of the order of transfer. When a proceeding has been transferred to this Court pursuant to Executive Law § 298, the State Division of Human Rights shall file with the Clerk the record of the proceedings within 45 days of the date of entry of the order of transfer. Pursuant to Rule 1000.2, matters transferred to the Court by order dated on or after April 1, 2021 must be electronically filed pursuant to 22 NYCRR Part 1245. [22]
(b) Scheduling order. After an appeal is perfected or an original or transferred proceeding is filed or received, the Clerk shall, where appropriate, issue a scheduling order, which will specify the term of Court for which the matter has been scheduled and set a deadline for the service and filing of respondents’ briefs[23], if any. A party or a party’s attorney shall notify the Clerk in writing within 15 days of the date that the scheduling order was mailed of unavailability for oral argument on a specific date or on specific dates during the term.
(e) Post-argument submissions. Any request for leave to file a post-argument submission shall be [24]filed, with proof of service,[25] within five business days of oral argument, and shall be accompanied by an original, five hard copies, and a digital [26]copy of the proposed submission.
1000.17 Electronic Filing
(a) Entry of initial information for electronic filing
(1) Application for assigned counsel. When the appellant seeks the assignment of counsel to prosecute an appeal, the entry of initial information for electronic filing pursuant to 22 NYCRR 1245.3 (a) shall not be required until the Court[27] issues an order with respect to an application for the assignment of counsel. Where the Court[28] issues an order assigning counsel, the entry of initial information, to the extent not previously accomplished, shall be completed within 14 days of the date of the order. Where an application for the assignment of counsel is denied, the appellant shall be deemed exempt from e-filing and the matter shall be perfected in hard copy, unless the appellant chooses to voluntarily participate in e-filing pursuant to 22 NYCRR 1245.4 (d) or engages counsel to prosecute the appeal who is not an exempt attorney.
(3) Effect of failure to enter[29]initial[30] information. Except as otherwise provided, no submission will be accepted in a case subject to mandatory e-filing prior to the entry of initial information and service of notification of the docket number pursuant to 22 NYCRR 1245.3.
(b) Perfecting a criminal appeal.
(4) Hard copy filing; transcripts. Hard copies of the appendix, appellant’s brief, and the transcripts upon which the appeal is based must be filed with the clerk within two business days of receipt by the appellant of email notification that the clerk has reviewed and approved the electronic filing required in subdivision (2) of this section. [31]The appellant shall submit one hard copy each of the appendix and transcripts, and an original and five hard copies of appellant’s brief. [32] A failure to file such additional hard copies of documents shall cause the filing to be deemed incomplete.
(c) Perfecting a Family Court appeal.
(1) Service of notice of appellate docket number. With respect to a Family Court appeal, service of notification of the appellate docket number, as required in 22 NYCRR 1245.3 (b), must be made upon both respondent's counsel and respondent individually. [33]
(5) Hard copy filing; transcripts. Hard copies of the appendix, appellant’s brief, and the transcripts upon which the appeal is based must be filed with the clerk within two business days of receipt by the appellant of email notification that the clerk has reviewed and approved the electronic filing required in subdivision (3) of this section.[34]The appellant shall submit one hard copy each of the appendix and transcripts, and an original and five hard copies of appellant’s brief. [35] A failure to file such additional hard copies of documents shall cause the filing to be deemed incomplete.
(6) Respondent on Appeal. (A) Respondent’s e-filing status. A respondent shall be deemed exempt from e-filing unless the Court[36] issues an order assigning counsel to represent the respondent on appeal, the respondent engages appellate counsel who is not an exempt attorney, or the respondent chooses to voluntarily participate in e-filing pursuant to 22 NYCRR 1245.4 (d). (B) Entry of information by respondent’s counsel. When the Court[37] issues an order assigning counsel to represent a respondent on appeal or a respondent engages counsel who is not an exempt attorney, counsel for the respondent must record that representation in accordance with 22 NYCRR 1245.3 (d) within 20 days of the date of the order of assignment or the date upon which appellate counsel was engaged, as appropriate; provided that, if the assignment or engagement of appellate counsel for a respondent occurs prior to the entry, by appellant’s counsel, of initial information for e-filing pursuant to 22 NYCRR 1245.3 (a), counsel for the respondent must record that representation within 20 days of service upon respondent’s counsel of notification of the appellate docket number as required in 22 NYCRR 1245.3 (b).
[1] New matter underlined and marked in red. Deleted matter in Footnotes.
[8] Deleted: and the stipulation of the parties or their attorneys to the complete record, the order settling the record, or the certification of the record pursuant to 22 NYCRR 1250.7 (g). The appellant shall also file a copy of any prior order entered by this Court or the trial court affecting the appeal including, but not limited to, an order that: expedites the appeal; grants permission to proceed on appeal as a poor person or on less than the required number of records and briefs; assigns counsel; grants an extension of time to perfect the appeal; grants a stay or injunctive relief; grants relief from dismissal of the appeal; or grants permission to exceed page limitations.
[31] Deleted: With respect to criminal appeals in which permission to proceed as a poor person has been granted, t
[32] Deleted: The filing of hard copies shall otherwise be as set forth in 22 NYCRR 1245.6 (a).
[33] Deleted: Where the Court has issued an order assigning counsel to prosecute an appeal, such that an appellate docket number has previously been received by counsel for the appellant, service of notification of the appellate docket number shall be made within seven days of the date upon which counsel completes the entry of initial information for electronic filing pursuant to 22 NYCRR 1245.3 (a).
[34] Deleted: With respect to Family Court appeals in which permission to proceed as a poor person has been granted, t
[35] Deleted: The filing of hard copies shall otherwise be as set forth in 22 NYCRR 1245.6 (a).
See also the Electronic Filing Rules of the Appellate Division ([22 NYCRR Part 1245), which became effective on March 1, 2018. E-filing in the Appellate Division is through the New York State Courts Electronic Filing (NYSCEF) system (https://iapps.courts.state.ny.us/nyscef/HomePage)