New York Codes, Rules and Regulations › Title 22 - JUDICIARY › Subtitle B - Courts › Chapter I - Court of Appeals › Subchapter A - Rules Of Practice › Part 500 - Rules Of Practice › Appeals › Section 500.13 - Content and form of briefs in normal course appeals

Current through
						Register Vol. 46, No. 28, July 10, 2024
(a) Content. All briefs shall
						conform to the requirements of section
						500.1 of this Part and contain a
						table of contents, a table of cases and authorities, questions presented, point
						headings, and, if necessary, a disclosure statement pursuant to section
						500.1(f) of this
						Part. Such disclosure statement shall be included before the table of contents
						in the party's principal brief. Appellant's brief shall include a statement
						showing that the court has jurisdiction to entertain the appeal and to review
						the questions raised, with citations to the pages of the record or appendix
						where such questions have been preserved for the court's review. The original
						of each brief shall be signed and dated, shall have the affidavit of service
						affixed to the inside of the back cover and shall be identified on the front
						cover as the original. Each brief shall indicate the status of any related
						litigation as of the date the brief is completed. Such statement shall be
						included before the table of contents in each party's brief.
(b) Brief covers. Brief covers
						shall be white and shall contain the caption of the case and name, address,
						telephone number, and facsimile number of counsel or self-represented litigant
						and the party on whose behalf the brief is submitted, and the date on which the
						brief was completed. In the upper right corner, the brief cover shall indicate
						whether the party proposes to submit the brief without oral argument or, if
						argument time is requested, the amount of time requested and the name of the
						person who will present oral argument (see section
						500.18 of this Part). If a time
						request does not appear on the brief, generally no more than 10 minutes will be
						assigned. The court will determine the argument time, if any, to be assigned to
						each party. Plastic covers shall not be used.
(c) Word and page limits. Except by
						permission of the Court pursuant to subsection (c)(4) of this section, the
						following limitations apply:
(1) Briefs prepared by word-processing
						systems. The principal briefs of appellant and respondent shall not exceed
						14,000 words; reply briefs, amicus briefs, and briefs in response to amicus
						briefs shall not exceed 7,000 words. The person whose signature appears in the
						brief pursuant to subsection (a) of this section shall certify the total word
						count for all printed text in the body of the brief. The certification may rely
						on the word count of the word-processing system used to prepare the
						brief.
(2)
						Typewritten and handwritten briefs. The principal briefs of appellant and
						respondent shall not exceed 35 pages; reply briefs, amicus briefs, and briefs
						in response to amicus briefs shall not exceed 20 pages.
(3) Common requirements. The
						word and page limits of this subsection apply only to the body of the brief and
						are exclusive of the statement of status of the related litigation; the
						corporate disclosure statement; the table of contents, the table of cases and
						authorities and the statement of questions presented required by subsection (a)
						of this section; and any addendum containing material required by subsection
						500.1(h) of this
						Part. In a cross appeal, the responding/reply brief of the main appellant shall
						constitute a principal brief.
(4) Oversized briefs. An application for
						permission to file an oversized brief shall be by letter addressed to the Clerk
						of the Court, with proof of service of one copy on each other party, stating
						the number of additional words or pages requested, demonstrating with
						specificity good cause for the oversized brief and asserting that the brief has
						been edited for conciseness and to eliminate repetition. The letter shall be
						received by the Clerk's Office at least ten days before the brief is due to be
						filed.