N.Y. Comp. Codes R. & Regs. tit. 22 § 670.10-c

Current through Register Vol. 46, No. 17, April 24, 2024

Section 670.10-c - Form and content of briefs

(a) Computer-generated briefs. Briefs prepared on a computer shall be printed in either a serifed, proportionally spaced typeface such as times roman, or a serifed, monospaced typeface such as courier. Narrow or condensed typefaces and/or condensed font spacing may not be used. Except in headings, words may not be in bold type or type consisting of all capital letters.

(1) Briefs set in a proportionally spaced type face. The body of a brief utilizing a proportionally spaced typeface shall be printed in 14-point type, but footnotes may be printed in type of no less than 12 points.

(2) Briefs set in a monospaced typeface. The body of a brief utilizing a monospaced typeface shall be printed in 12-point type containing no more than 101/2 characters per inch, but footnotes may be printed in type of no less than 10 points.

(3) Length. Computer-generated appellants' and respondents' briefs shall not exceed 14,000 words, and reply and amicus curiae briefs shall not exceed 7,000 words, inclusive of point headings and footnotes and exclusive of pages containing the table of contents, table of citations, proof of service, certificate of compliance, or any authorized addendum containing statutes, rules, regulations, etc.

(b) Typewritten briefs. Typewritten briefs shall be neatly prepared in clear type of no less than elite in size and in a pitch of no more than 12 characters per inch. The ribbon typescript of the brief shall be signed and filed as one of the number of copies required by section 670.8 of this Part. Typewritten appellants' and respondents' briefs shall not exceed 70 pages and reply briefs and amicus curiae briefs shall not exceed 35 pages, exclusive of pages containing the table of contents, table of citations, proof of service, certificate of compliance, or any authorized addendum containing statutes, rules, regulations, etc.

(c) Margins, line spacing, and page numbering of computer-generated and typewritten briefs. Computer-generated and typewritten briefs shall have margins of one inch on all sides of the page. Text shall be double-spaced, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single-spaced. Pages shall be numbered consecutively in the center of the bottom margin of each page.

(d) Handwritten briefs. Pro se litigants may serve and file handwritten briefs. Such briefs shall be neatly prepared in cursive script or hand printing in black ink. Pages shall be numbered consecutively in the center of the bottom margin of each page. The submission of handwritten briefs is not encouraged. If illegible or unreasonably long, handwritten briefs may be rejected for filing by the clerk.

(e) Application for permission to file oversized brief. An application for permission to file an oversized brief shall be made to the clerk by letter stating the number of words or pages by which the brief exceeds the limits set forth in this section and the reasons why submission of an oversize brief is necessary. The letter shall be accompanied by a copy of the proposed brief, including a certificate if required by subdivision (f) of this section to the effect that the brief is in all other respects compliant with this section. The determination of the clerk may be reviewed by motion to the court on notice in accordance with section 670.5 of this Part.

(f) Certification of compliance. Every brief, except those that are handwritten, shall have at the end thereof a certificate of compliance with this rule, stating that the brief was prepared either on a typewriter, a computer, or by some other specified means. If the brief was typewritten, the certificate shall further specify the size and pitch of the type and the line spacing used. If the brief was prepared on a computer, the certificate shall further specify the name of the typeface, point size, line spacing, and word count. A party preparing the certificate may rely on the word count of the processing system used to prepare the brief. The signing of the brief in accordance with section 130-1.1a(a) of this Title shall also be deemed the signer's representation of the accuracy of the certificate of compliance.

(g) Content of briefs.

(1) Cover. The cover shall set forth the title of the action or proceeding. The upper right hand section shall contain a notation stating: whether the cause is to be argued or submitted; if it is to be argued, the time actually required for the argument; and the name of the attorney who will argue (see section 670.20 of this Part). The lower right hand section shall contain the name, address, and telephone number of the attorney filing the brief and shall indicate whom the attorney represents.

(2) Appellant's brief. The appellant's brief shall contain, in the following order:

(i) the statement required by CPLR 5531;

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

(iii) a concise statement of the questions involved without names, dates, amounts, 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 action or proceeding 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;

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

(vi) if a civil cause is perfected on the original papers, the brief shall include either a copy of the order or judgment appealed from, the decision, if any, and the notice of appeal, or a copy of any order transferring the proceeding to this court;

(vii) if the appeal is from an order involving pendente lite relief in a matrimonial action, the brief shall state whether issue has been joined and, if so, the date of joinder of issue, and whether the case has been noticed for trial;

(viii) in criminal causes, the appellant's brief at the beginning shall also set forth:

(a) whether an order issued pursuant to C PL 460.50 is outstanding, the date of such order, the name of the judge who issued it and whether the defendant is free on bail or on his or her own recognizance; and

(b) whether there were co-defendants in the trial court, the disposition with respect to such co-defendants, and the status of any appeals by such co-defendants; and

(ix) a certificate of compliance, if required by subdivision (f) of this section.

(3) Respondent's brief. The respondent's brief shall contain, in the following order:

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

(ii) a counterstatement of the questions involved or of the nature and facts of the action or proceeding, if the respondent disagrees with the statement of the appellant;

(iii) the argument for the respondent, which shall be divided into points by appropriate headings distinctively printed; and

(iv) a certificate of compliance, if required by subdivision (f) of this section.

(4) Appellant's reply brief. The appellant's reply brief, unless otherwise ordered by the court, shall not contain an appendix, but shall contain, in the following order:

(i) a table of contents;

(ii) the reply for the appellant to the points raised by the respondent, without repetition of the arguments contained in the main brief, which shall be divided into points by appropriate headings distinctively printed; and

(iii) a certificate of compliance, if required by subdivision (f) of this section.

(h) Addenda to briefs.

(1) Briefs may contain an addendum composed of decisions, statutes, ordinances, rules, regulations, local laws, or other similar matter, cited therein that were not published or that are not otherwise readily available.

(2) Unless otherwise authorized by order of the court, briefs may not contain maps, photographs, or other addenda.

(i) Constitutionality of State statute. Where the constitutionality of a statute of the State is involved in an appeal in which the State is not a party, the party raising the issue shall serve a copy of the brief upon the Attorney General of the State of New York who will be permitted to intervene in the appeal.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 670.10-c