N.Y. Comp. Codes R. & Regs. tit. 22 § 202.70.6

Current through Register Vol. 46, No. 25, June 18, 2024

Rule 202.70.6 - Form of Papers

(a) All papers submitted to the Commercial Division shall not be inconsistent with CPLR 2101 and section 202.5(a). Papers shall be double spaced and contain print no smaller than twelve-point, or 81/2x 11 inch paper, bearing margins no smaller than one inch. Unless otherwise directed by the Court or provided in the Court's individual rules, all text in briefs and affidavits, including footnotes, shall use proportionally spaced 12-point serif typeface. Papers also shall comply with Part 130 of the Rules of the Chief Administrator. Each electronically-submitted memorandum of law and, where appropriate, affidavit and affirmation shall include bookmarks providing a listing of the document's contents and facilitating easy navigation by the reader within the document.

(b) For purposes of this Rule, a hyperlink means an electronic link between one document and another, and a bookmark means an electronic link permitting navigation among different parts of a single document. Material made accessible by hvperlinking does not thereby become part of the record, and citations to authorities shall appear in standard citation form, even if also hvperlinked.

(c) Each electronically submitted memorandum of law or other document that cites to another document previously filed with NYSCEF shall include a hyperlink to the NYSCEF docket entry for the cited document enabling access to the cited document through the hyperlink. Hyperlinks may not provide access to documents filed under seal or otherwise not in the public record. Cited documents filed with NYSCEF that are accessible through bookmarks in the electronically submitted document need not also be hyperlinked.

(1) The Court may require that electronically submitted memoranda of law include hyperlinks to cited court decisions, statutes, rules, regulations. treatises, and other legal authorities in either legal research databases to which the Court has access or in state or federal government websites. If the Court does not require such hyperlinking. parties are nonetheless encouraged to hyperlink such citations unless otherwise directed by the Court.

(2) If a party certifies in good faith that it cannot include hyperlinks as required by this Rule or the Court without undue burden, due to limitations in its office technology or other showing of good cause, the Court may excuse the party from any otherwise applicable hyperlinking requirement.

(d) Interlineation of Responsive Pleadings

(1) For every responsive pleading, the party preparing the responsive pleading shall interlineate each allegation of the pleading to which it is responding with the party's response to that allegation, and in doing so, shall preserve the content and numbering of the allegation.

(2) The party who prepared a pleading to which a responsive pleading is required shall, upon request, promptly provide a copy of its pleading in the same word processing software application in which the pleading was prepared to the party preparing the responsive pleading.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 202.70.6

Amended New York State Register December 23, 2015/Volume XXXVII, Issue 51, eff. 12/1/2015

Amended by Administrative Order 133/20 effective 11/16/2020.

Amended eff. 9/12/2022.

Amended New York State Register September 28, 2022/Volume XLIV, Issue 39, eff. 9/12/2022