N.Y. Comp. Codes R. & Regs. tit. 22 § 500.12

Current through Register Vol. 46, No. 15, April 10, 2024

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

(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 the filing date set for respondent's brief, and in addition to the submission in digital format required by subdivision (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 section 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.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 500.12

Amended New York State Register May 16, 2018/Volume XL, Issue 20, eff. 5/16/2018