22 CRR-NY 731.9NY-CRR
22 CRR-NY 731.9
22 CRR-NY 731.9
731.9 Records on appeal.
(a)
(1) Civil appeals shall be prosecuted on the original record, as set forth in section 1704 of the New York City Civil Court Act, Uniform District Court Act, Uniform City Court Act or Uniform Justice Court Act, as applicable, except as set forth in paragraph (2) of this subdivision.
(2) Reproduced full record. If all parties to an action or proceeding governed by the New York City Civil Court Act, Uniform District Court Act or Uniform City Court are represented by counsel, the appeal must, unless good cause is shown, be prosecuted on a reproduced full record. The reproduced full record shall comply with the requirements of CPLR 5526. An original and four copies of the record, duly certified as provided below, shall be filed with proof of service of one copy upon each of the other parties to the appeal. An additional copy of the brief and reproduced printed record on appeal shall be filed digitally in accordance with instructions provided on the court’s website at www.nycourts.gov/courts/AD2/AppellateTerm.shtml.
(i) Where the appeal is prosecuted on a full, reproduced record, it must be accompanied by a certificate of the clerk of the trial court, certifying that it was prepared in compliance with, and contains all of the papers required by Section 1704 of the New York City Civil Court Act, Uniform District Court Act or Uniform City Court Act, as applicable. It may not contain a transcript that is reproduced in condensed format such that two or more pages of transcript in standard format appear on one page.
(ii) Exhibits. The parties may stipulate to dispense with reproduction of exhibits in the full reproduced record on grounds that:
(a) the exhibits are not relevant or necessary to the determination of an appeal, and will not be cited in the parties’ submissions; or
(b) the exhibits, though relevant and necessary, are of a bulky or dangerous nature, and will be kept in readiness and delivered to the court on telephone notice.
(iii) In lieu of certification by the clerk of the court of original instance, the record may be certified by the appellant’s attorney pursuant to CPLR 2105; or by a stipulation in lieu of certification pursuant to CPLR 5532. The reproduced copy containing the signed certification or stipulation shall be marked original.
(3) For good cause shown, the chief clerk or a justice of the Appellate Term may authorize a party otherwise subject to paragraph (2) of this subdivision, to prosecute the appeal on the original record. An application pursuant to this paragraph shall be made by letter, addressed to the chief clerk, with a copy sent to each of the parties to the appeal, within 30 days after the notice of appeal has been filed.
(4)
(i) Civil appeals from the County Court are governed by CPLR 5525, 5526 and 5527, and may be prosecuted on the original record, in which case the appellant shall subpoena from the clerk of the court from which the appeal is taken all the papers constituting the record on appeal and cause them to be filed with the chief clerk prior to the filing of the briefs.
(ii) Where a subpoena is required to be served upon the Clerk of the Court of original instance pursuant to this section, the clerk from whom the papers are subpoenaed shall compile the original papers constituting the record on appeal and cause them to be transmitted to the chief clerk, together with a certificate listing the papers constituting the record on appeal and stating whether all such papers are included in the papers transmitted.
(b)
(1) In criminal actions or proceedings, the appeal shall be heard on the original papers, certified by the clerk of the court from which the appeal is taken, the court’s return when the same is required by statute, a stenographic transcript of the proceedings settled by parties to the appeal or, in the event the parties cannot settle, the judge before whom the action was tried, or in case of the death or disability of such judge, in such manner as this court directs.
(2) For good cause shown, the court may hear the appeal on an abridged record containing so much of the evidence or other proceedings as it may deem necessary to a consideration of the questions raised on the appeal.
22 CRR-NY 731.9
Current through August 31, 2021
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