2006 New York Code - Content Of Briefs And Appendices.



 
    Rule 5528. Content of briefs and appendices. (a) Appellant's brief and
  appendix.    The  brief  of the appellant shall contain in the following
  order:
    1. a table of contents,  which  shall  include  the  contents  of  the
  appendix,  if it is not bound separately, with references to the initial
  page of each paper printed  and  of  the  direct,  cross,  and  redirect
  examination of each witness;
    2.  a  concise  statement,  not  exceeding two pages, of the questions
  involved  without  names,  dates,  amounts  or  particulars,  with  each
  question  numbered, set forth separately and followed immediately by the
  answer, if any, of the court from which the appeal is taken;
    3. 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 appendix;
    4. the argument for the appellant, which shall be divided into  points
  by appropriate headings distinctively printed; and
    5.  an  appendix,  which may be bound separately, containing only such
  parts of the record on appeal as are necessary to consider the questions
  involved, including those parts the appellant reasonably assumes will be
  relied upon by the respondent; provided,  however,  that  the  appellate
  division  in  each  department  may by rule applicable in the department
  authorize an appellant at his election  to  proceed  upon  a  record  on
  appeal  printed  or reproduced in like manner as an appendix, and in the
  event of such election an appendix shall not be required.
    (b) Respondent's brief and appendix. The brief of the respondent shall
  conform  to  the  requirements  of  subdivision  (a),  except   that   a
  counterstatement  of the questions involved or a counterstatement of the
  nature and facts of the case shall be included only  if  the  respondent
  disagrees  with  the  statement  of the appellant and the appendix shall
  contain only such additional parts of the record  as  are  necessary  to
  consider the questions involved.
    (c)  Appellant's  reply  brief  and  appendix.  Any reply brief of the
  appellant shall conform to the requirements of subdivision  (a)  without
  repetition.
    (d) Joint appendix. A joint appendix bound separately may be used.  It
  shall be filed with the appellant's brief.
    (e)  Sanction.  For any failure to comply with subdivision (a), (b) or
  (c) the court to which the appeal is taken may withhold or impose costs.

Disclaimer: These codes may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.