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 500.12 - Filing of record material and briefs in normal course appeals

Current
						through Register Vol. 46, No. 28, July 10, 2024
(a) Scheduling letter. 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 of this Part. The
						scheduling letter sets the filing dates for record material and
						briefs.
(b) Appellant's initial
						filing. In addition to the submission in digital format required by section
						500.14(g) of this
						Part, on or before the date specified in the scheduling letter, appellant shall
						serve and file record material in compliance with section
						500.14 of this Part, and shall
						remit the fee, if any, required by section
						500.3(a) of this
						Part. In addition to the submission in digital format required by subdivision
						(h) of this section, appellant 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, appellant's papers shall be served and filed
						within 60 days after appellant took the appeal by (1) serving a notice of
						appeal on the adverse party and filing a notice of appeal in the place and
						manner required by CPLR 5515, (2) entry of an order granting a motion for leave
						to appeal in a civil case, or (3) issuance of a certificate granting leave to
						appeal in a non-capital criminal case.
(c) Respondent's filing. In addition to the
						submission in digital format required by subdivision (h) of this section and
						section 500.14(g) of this
						Part, on or before the date specified in the scheduling letter, respondent
						shall 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 shall be filed within 45 days after service of appellant's
						brief.
(d) Reply briefs. A reply
						brief is not required but may be served and filed by 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 subdivision (h) of
						this section, an original and nine copies of a reply brief shall be served and
						filed, with proof of service of three copies on each other party.
(e) Amicus curiae briefs. The Attorney
						General of the State of New York may file, no later than 30 days after the
						filing date set for appellant's reply brief or, in the case of crossappeals,
						cross-appellant's reply brief, and in addition to the submission in digital
						format required by subsection (h) of this section, 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 shall request
						amicus curiae relief pursuant to subsection
						500.23(a)(1) of
						this Part.
(f) Briefs in response
						to amicus curiae briefs. 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 shall be served and filed within 15 days
						after the date of this 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. Reply briefs by amicus curiae are not
						permitted. In addition to the submission in digital format required by
						subsection (h) of this section, an original and nine copies shall be filed,
						with proof of service of three copies on each other party and one copy on each
						amicus curiae.
(g) Surreply briefs.
						Surreply briefs are not permitted.
(h) Companion submission in digital format.
						Each appellant, respondent and amicus curiae shall submit in digital format its
						brief and record material. The brief and record material in digital format
						shall be identical to the filed original printed brief and record material,
						except they need not contain an original signature, and they shall 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 shall be received by the clerk's office
						no later than the filing due date for the printed brief and record
						material.
(i) All submissions under
						this section shall comply with the requirements of section
						500.5 of this Part regarding
						sealing and redaction.