N.Y. Comp. Codes R. & Regs. tit. 22 § 510.11

Current through Register Vol. 46, No. 50, December 11, 2024

Section 510.11 - Record on appeal; appendix; briefs

(a) Record on appeal. On an appeal in a case involving a sentence of death, appellant shall file with the clerk of the Court of Appeals 15 copies of the settled, reproduced record of the proceedings in the superior court, with proof of service on respondent of three copies of the settled, reproduced record.

(b) The settled, reproduced record shall contain the complete original file, including the transcribed stenographic minutes of all proceedings occurring in the superior court, such as proceedings on pretrial motions and hearings, opening and closing statements, jury voir dire examination, all trial testimony, all legal argument of counsel, including bench and chambers colloquies, the jury instructions, all communications to and from the jury after instructions, proceedings on sentencing, and post-trial motions and hearings. The record shall conform substantially with the requirements of CPLR 5526, except that the subject matter of each page of the record need not be stated at the top. The record shall also conform substantially with the requirements of section 510.1 of this Part, and shall contain in the following order so many of the following items as are relevant to the case:

(1) a cover which shall contain the title of the case on the upper portion and, on the lower portion, the names, addresses, and voice and facsimile telephone numbers of counsel for the parties, and the indictment number;

(2) the statement required by CPLR 5531;

(3) a table of contents which shall list and briefly describe each paper included in the record. The part of the table relating to the transcript of testimony shall separately list each witness and the page at which direct, cross, redirect and recross examinations begin. The part of the table relating to exhibits shall concisely indicate the nature and contents of each exhibit and the page in the record where it is reproduced and where it was admitted into evidence. The table shall also contain references to pages where a motion to dismiss the indictment or to direct or set aside a verdict, or where an oral decision of the court, appears;

(4) the notice of appeal, judgment or order appealed from, judgment roll, corrected transcript, relevant exhibits and any opinions or decisions in the case;

(5) a stipulation, or order settling the transcript; and

(6) a copy of either the stipulation described in section 510.10(d) of this Part or the superior court order settling the record.

(c) Confidential material.

(1) Documents and transcripts ordered sealed by the courts below shall be reproduced in separate volumes of the record on appeal. Each such volume shall be clearly identified on the cover as containing confidential material.

(2) The people shall file, separately from the record on appeal, one copy of all documents and transcripts concerning the nature or substance of any grand jury testimony or evidence, and any decision, result, or other matter attending a grand jury proceeding which is required by C PL 190.25(4)(a) to be kept secret. All such volumes shall be clearly identified on the cover as containing confidential grand jury material.

(d) Appendix. Except on appeals taken pursuant to C PL 450.70(1), the Court of Appeals sue sponte may order appellant, or appellant may seek permission pursuant to section 510.12 of this Part, to prosecute the appeal upon one copy of the settled, reproduced record and 15 copies of an appendix which conforms to the requirements of CPLR 5528 and 5529 and section 510.1 of this Part. The appendix shall be bound separately from the brief and shall include the following items:

(1) the notice of appeal;

(2) the statement required by CPLR 5531;

(3) the order or judgment of the superior court from which the appeal is taken;

(4) any other order sought to be reviewed;

(5) the written and oral decisions of the superior court, as relevant;

(6) findings of fact, as relevant;

(7) the indictment; and

(8) those portions of the testimony, affidavits, legal arguments, and written and photographic exhibits referenced in appellant's brief and reasonably expected to be referenced in respondent's brief, and all other portions that may be useful to the determination of the questions raised on the appeal.

The prior filing of a preliminary appeal statement pursuant to section 510.9 of this Part does not satisfy the requirements of this section. Where appellant has filed an inadequate appendix, respondent may move to strike the appendix pursuant to section 510.12 of this Part or may submit a respondent's appendix containing additional parts of the record deemed necessary for the court to consider the questions involved.

(e) Briefs. Briefs shall conform to the requirements of section 510.1 of this Part. The cover of the brief shall set forth the title of the case. The upper right hand section shall contain a notation stating whether the case shall be argued or submitted. If the case is to be argued, the notation shall state the name of counsel who will argue and the amount of time granted for oral argument. The lower right hand section shall contain the name, address, and voice and facsimile telephone number of counsel filing the brief, and the date the brief was filed, and shall indicate whom counsel represents. Unless authorized by the clerk of the Court of Appeals, briefs shall not contain maps, photographs, or other addenda. Boldface type shall only be used in point headings or subheadings.

(1) Appellant shall file 15 copies of the appellant's brief and the issue identification statement required by section 510.8(c) of this Part, with proof of service of three copies on respondent. The appellant's brief shall contain in the following order:

(i) a table of contents including the titles of the points urged in the brief;

(ii) a list of all authorities cited in the brief;

(iii) a concise statement of the questions involved without names, dates, or particulars. Each question shall be numbered, set forth separately, and followed immediately by the answer, if any, of the court from which the appeal is taken;

(iv) a concise statement of the nature of the case and of the facts which should be known to determine the questions involved, with supporting references to pages in the record or the appendix, including, if such be the case, a statement that proceedings on the judgment or order appealed from have been stayed pending a determination of the appeal; and

(v) the appellant's argument, which shall be divided into points by appropriate headings distinctively printed.

(2) Respondent shall file 15 copies of the respondent's brief, with proof of service of three copies on appellant. The respondent's brief shall contain, in the following order:

(i) a table of contents including the titles of the points urged in the brief;

(ii) a list of all authorities cited in the brief;

(iii) a counter statement of the questions involved or of the nature and facts of the case, if respondent disagrees with the statement of appellant; and

(iv) the argument for respondent, which shall be divided into points by appropriate headings distinctively printed.

(3) Appellant shall file 15 copies of the appellant's reply brief, with proof of service of three copies on respondent. The appellant's reply brief shall contain, in the following order:

(i) a table of contents;

(ii) a list of all authorities cited in the brief; and

(iii) the reply for appellant, without repetition of the arguments contained in the main brief, which shall be divided into points by appropriate headings distinctively printed.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 510.11