22 CRR-NY 731.10NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 22. JUDICIARY
SUBTITLE B. COURTS
CHAPTER IV. SUPREME COURT
SUBCHAPTER B. SECOND JUDICIAL DEPARTMENT
ARTICLE 2. APPELLATE TERM
PART 731. RULES OF PRACTICE FOR THE APPELLATE TERMS
22 CRR-NY 731.10
22 CRR-NY 731.10
731.10 Form, style and content of briefs.
(a) The form, style and content of all briefs shall conform to the provisions of CPLR 5528 and 5529. In addition, the Appellate Term docket number shall be stated at the upper left-hand corner of the cover page of each brief, and each party’s main brief shall specify whether the appeal is to be argued or submitted, and shall state the name of counsel who is to argue or submit, in the upper right-hand corner thereof.
(b) Unless otherwise directed by the court, statute, or rule, the appellant’s main brief shall include at the beginning the statement required by CPLR 5531.
(c) In criminal appeals, the appellant’s main brief shall also set forth at the beginning thereof:
(1) the entire judgment or order appealed from, or its material provisions, including its date;
(2) the sentence imposed, if any; and
(3) a statement setting forth whether an order issued pursuant to CPL 460.50 is outstanding and, if so, the date of such order, the name of the judge who issued it and whether the appellant is free on bail or on his own recognizance.
(d) The original of the brief shall be signed and filed with the number of copies required by section 731.7(a) of this Part.
(e) Page limits.
(1) Computer-generated briefs.
(i) Briefs prepared on a computer shall be printed in either a serifed, proportionally spaced typeface such as Times New 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 and in quotations of language that appears in such type in the original source, words may not be in bold type or type consisting of all capital letters.
(a) Briefs set in a proportionally spaced typeface. 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.
(b) 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 10½ characters per inch, but footnotes may be printed in type of no less than 10 points.
(ii) 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 signature blocks and pages including the table of contents, table of citations, proof of service, certificate of compliance, or any addendum authorized pursuant to subdivision (g) of this section.
(2) Typewritten briefs.
(i) 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.
(ii) Typewritten appellants’ and respondents’ briefs shall not exceed 50 pages and reply briefs and amicus curiae briefs shall not exceed 25 pages, exclusive of pages containing the table of contents, table of citations, proof of service, certificate of compliance, or any addendum authorized pursuant to subdivision (g) of this section.
(iii) 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.
(3) Handwritten briefs.
(i) Self-represented litigants and persons filing pro se supplemental briefs may serve and file handwritten briefs. Such briefs shall be neatly prepared in cursive script or hand printing in black or blue ink.
(ii) Handwritten appellants’ and respondents’ briefs shall not exceed 50 pages and reply briefs and amicus curiae briefs shall not exceed 25 pages, exclusive of pages containing the table of contents, table of citations, proof of service, certificate of compliance or any addendum authorized pursuant to subdivision (g) of this section. Pages shall be numbered consecutively. The submission of handwritten briefs is not encouraged. If illegible, handwritten briefs may be rejected for filing by the chief clerk.
(f) Where a brief pursuant to Anders v California (386 US 738) has been filed, a copy of a letter to the defendant advising that the defendant may file a pro se supplemental brief and, if the defendant wishes to file such a brief, that the defendant must notify this court no later than 45 days after the date of mailing of counsel’s letter of the defendant’s intention to do so, shall be filed with the brief.
(g) Briefs may include addenda that are composed exclusively 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.
22 CRR-NY 731.10
Current through June 30, 2021
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