Appellate Division First Department

 

Q:  What is the procedure for filing a Notice of Appeal?

A:  You must file one (1) original + two (2) copies of the Notice of Appeal, Pre-argument Statement and order/judgment appealed from with the lower court. Include proof of service and a $65.00 filing fee. See our checklist.

 

Q:  How long do I have to perfect my appeal?

A:  You have nine (9) months to perfect your appeal from the date on the notice of appeal. §600.11(a)(3). Use our **  Due Date Calcualtor  **  to accurately determine your date to file. (Unless otherwise ordered by the Court)

 

Q:  Why does rule §600.5(d) say I have 30 days to perfect my appeal if there are no transcripts involved in my appeal?

A:  Rule §600.5(d) says that you have 30 days to perfect your appeal if there are no transcripts, however, §600.11(a)(3) states that unless the appeal is perfected within 9 months, the appeal will be deemed abandoned (except if an enlargement has been granted).  If a respondent elects to make a motion pursuant to §600.5, the court will then order the appellant to perfect for the next available term of the court.

 

Q:  What are the time limits and what do I need to file along with my notice of appeal?

A:  Appellate Division First Department Checklist

 

Q:  Do I have to settle the transcripts from the court reporter?

A:  Yes.  §600.5(e)  In a civil matter, all parties to the appeal should be served with one (1) full set of the transcripts along with the 15 day form. They need to be settled at least 15 days before filing of the record or appendix. The Appellate Division First Department will not take a record if the time prescribed by CPLR §5525(c) has not expired.

If you elect to do the appendix and are not printing the entire transcript, you must still settle them.

If all parties agree, they can be settled by stipulation.

 

Q:  If I elect to use the appendix method, must I consult with all parties to the appeal?

A:  At appellant's option, an appeal may be prosecuted upon a record or statement authorized by CPLR §5526, §5527 or §5528(a)5. If there is a cross appeal and the appendix method is used, all appellants should consult on which papers should be contained in the joint appendix. If the appellant's elect to perfect on the full joint record, they should but need not consult.

 

Q:  Can the appellant file a stipulation to enlarge the time to perfect their brief and record?

A:  No. Stipulations are not accepted by the Appellate Division First Department for the initial filing of the brief and record. A formal motion must be made. After the brief and record are filed with Note of Issue and the appeal is placed in a term of the court, a stipulation will be accepted for further extensions of time.

 

Q:  When filing the record and brief, can the Pre-Argument Statement be printed in place of a Statement Pursuant to CPLR 5531?

A:  Yes. The Appellate Division First Department will accept either the Pre-Argument Statement  Sor Statement Pursuant to CPLR 5531.

 

Q:  What are the page limits for filing briefs in the Appellate Division First Department?

A:  Appellant's and respondent's briefs shall not exceed 70 pages and 14,000 words exclusive of the tables of contents and authorities. Appellant's reply briefs may not exceed 35 pages or 7,000 words.   600.10(d)(1)(i)

 

Q:  Is a Table of Authorities required in briefs?

A:  Yes.

 

Q:  How do I request oral argument?

A:  The Appellate Division requires that an argument form be filed on behalf of all parties.  These forms are due on a date prescribed by the calendar according to the term the appeal is noticed for. 600.11(f)

 

Appellate Division Second Department

 

Q:  What do I need to file along with my Notice of Appeal?

A:  The notice of appeal will be filed in the lower court. You are required to file (1) original + two (2) copies Notice of Appeal, RADI, and order/judgment appealed from. You will have to supply the court with proof of service as well as a filing fee for $65.00. See our checklist.

 

Q:  How long do I have to perfect my civil appeal?

A:  670.8(e)  You have 6 months from the date on the notice of appeal in which to file your record on appeal and appellant's brief.  A criminal appeal by a defendant will be deemed abandoned if not  perfected and no application has been made within nine(9) months. 670.8(f). Family Court cases are handled by a case manager and they will issue a scheduling order. 670.4  Use our **  Due Date Calcualtor  **  to accurately determine your date to file.

 

Q:  How do I file a motion in the Second Department?

A:  All motions in the Second Department are returnable at 9:30 a.m. on any Friday. They shall be filed with the clerk at least one week before the return date. Oppositions must be filed with the clerk before 4:00 p.m. on the day before the return date.  All motions must be accompanied by an affidavit or attorney affirmation in support along with a copy of the notice of appeal and order appealed from and proof of service.  Serve one and file one.670.5

 

Q:  How many days to I have to file a Respondent's and Reply Brief?

A:  The respondent's briefs are due to be filed within 30 days from the date of the service of the appellant's brief and record.  Appellant's reply briefs are due to be filed within ten (10) days of the service of the respondent's brief. The Court allows five(5) days if service was by mail and one (1) day if service was by overnight mail. 670.8(b)  Use our **  Due Date Calcualtor  **  to accurately determine your date to file.

 

Q:  How do I get an enlargement of time to file my Appellant's brief? Respondent's brief? Appellant's reply brief?

A:  The Appellate Division Second Department will take either a stipulation, letter application or motion. An appellant can ask for 60 days in the form of letter application. The respondent can ask for 30 days in the form of letter application and the appellant's reply, 10 days by letter application. 670.8(d)

 

Q:  Are condensed transcripts allowed to be reproduced in the record on appeal?

A:  No. The Appellate DivisionSecond Department will reject a record that has condensed transcripts printed. If all you have is the condensed version, we can convert that when your proof is prepared. 670.10.2(d)

 

Q:  What are the formatting requirements for briefs in the Appellate Division Second Department?

A:  Appellant's and Respondent's Briefs should not exceed 14,000 words and reply and amicus briefs shall not exceed 7,000 words.  The Second Department requires that briefs be typed in double spaced 14 pt. Times New Roman or 12 pt. Courier. Margins shall be no smaller than 1 inch on all sides.  They do not permit the use of ALL CAPS or Bold in the body of the brief unless it it used for a point heading.  You can use underline and italic freely. 670.10.3

 

Q:  What is the content and order of briefs?

A:  Appellant's briefs shall contain in the following order: statement pursuant to CPLR 5531, table of contents, questions presented, statement of facts, argument, conclusion and certificate of compliance.

Respondent's briefs shall contain in the following order: table of contents, counterstatement of questions presented (optional), counterstatement of facts (optional) argument, conclusion and certificate of compliance.

Appellant's reply brief shall contain in the following order: table of contents, reply to respondent's points, certificate of compliance.

670.10.3(g)(2)(3)(4)

 

Q:  Do I need to settle the transcripts for an appeal in the Second Department?

A:  Yes.  The Second Department requires that the minutes be settled pursuant to CPLR 5525(c). Fill out the .pdf 15 day form and include that with one full set of the transcripts and any objections you may have. Your adversary will have 15 days to make their own objections, and if none are made within the time prescribed, the minutes are settled. If all parties agree that the transcript is true and complete, you can settle by stipulation.

 

Q.  If the lower court record contains color photos, may I reproduce them in the record on appeal in black and white?

A:   No. The Second Department is very particular about the quality of photographs contained in the record. Pursuant to 670.10.2 (a) the record and appendix shall contain accurate reproductions of the papers submitted to the court of original instance.  If we reproduce photographs in black and white the court requires a letter stating they are accurate reproductions of the photos submitted below.

 

 

Appellate Division Third Department

Q:  How do I file my Notice of Appeal?

A:  One original and 2 copies of each of the following documents must be filed with the lower court: notice of appeal, completed pre calendar statement, the order/judgment appealed from, and a copy of the opinion/decision, if any, proof of service of 1 copy on each adversary,  and the  $65.00 filing fee.

 

Q:  How long do I have to file my appeal after the notice of appeal has been filed?

A:  You have nine (9) months from the date of the notice of appeal. Use our **  Due Date Calcualtor  **  to accurately determine your date to file.

 

Q:  Is it more cost effective for the appellant to perfect on the appendix method?

A:  No. When the appellant opts to appeal on the appendix method, they must provide the court and the adversary with one fully prepared record on appeal along with 10 copies of the appendix. This means that the record must be prepared in full, index, page numbers and headings. And then the appendix must be prepared in full as well. If there are transcripts, the appellant must also provide to the court in the single-copy record on appeal.

 

Q:  How is the transcript settled?

A:  Transcripts must be either stipulated to by the parties or settled pursuant to CPLR 5525(c).

 

Q:  How do I make a motion in the Appellate Division Third Department?

A:  Motions in the Third Department are returnable on a Monday. Oppositions are due by 11:00 a.m. on the Friday before the return date. The notice of motion, affidavit in support, and proof of service of (1) copy are to be filed with the clerks office. All motions should have the notice of appeal and order appealed from exhibited to it. The fee for filing a motion in this Court is $45.00.

 

Q:  Must the record on appeal be certified, and how should that be done?

A:  A reproduced full record must be certified either by a statement pursuant to CPLR 2105, a certificate of the proper clerk or a stipulation in lieu of certification pursuant to CPLR 5532. When the appendix method is used, the single copy of the record must be stipulated to.

 

Q:  Should I include the Statement Pursuant to CPLR 5531 in the brief and record?

A:  No. The Appellate Division Third Department will reject a brief that contains the Statement Pursuant to CPLR 5531. In the record on appeal the 5531 directly follows the table of contents.

 

 

 

Appellate Division Fourth Department

Q:  What do I need to file my notice of appeal?

A:  The Notice of Appeal needs to be filed in the lower court within 30 days from the service (+ 5 for mailing) of the order with notice of entry. You will file an one (1) original + two (2) copies with a copy of the order/judgment appealed from and proof of service and a $65.00 filing fee.

 

Q:  How long do I have to perfect my appeal?

A:  Appellants have nine months to perfect an appeal in the Fourth Department.  Time Limits for Filing in Appellate Division Fourth Department?  Use our **  Due Date Calcualtor  **  to accurately determine your date to file.

 

Q:  Will the Appellate Division Fourth Department accept electronic filing in place of the printed record?

A:  No, the Fourth Department will accept electronic submissions of records as companions to the required number of printed records. 1000.3(h).

 

Q:  Must the parties agree on what is contained in the Record on Appeal?

A:  Yes. The Fourth Department requires that all parties stipulate and settle the papers contained in the record. If the parties are unable to agree, the record must be settled by the court below. The Record shall include: notice of appeal with proof of service and filing, the order appealed from, the decision of the court granting the order, judgment roll, pleadings, transcript or statement in lieu of transcript, relevant motion papers and relevant exhibits. 1000.4

 

Q:  How are motions filed?

A:  You must serve and file the notice of motion, supporting affidavit, proof of service, copy of the notice of appeal and order appealed from along with a check for $45.00. The return date should be on a Monday.

 

Q:  What if I am unavailable for oral argument when and if it is granted?

A: Pursuant to 22 NYCRR 1000.10(c): A party or his /her attorney shall notify the Clerk in writing (within 15 days of the date that the scheduling order was mailed) of unavailability for oral argument on a specific date or dates during the term.

 

Q: What are the page limits for filing a brief?

A:  Appellants and respondents are limited to 70 pages in their briefs. An appellant's reply should be no more than 35 pages. Note: you are allowed to use a font no less than 11 point in size.

 

Q:  Are there color requirements for the brief covers?

A:  Pursuant to 22 NYCRR 1000.4 (f) (5), the cover of the brief shall be: blue for an appellant’s or petitioner’s brief; red for a respondent’s brief; gray for a reply brief;  yellow for a surreply brief;  green for an amicus curia brief; and in an appeal involving a party granted poor person relief, either white or the previously designated color.

 

New York State Court of Appeals

 

Q:  How long do I have to file a motion for leave to appeal to the Court of Appeals?

A:  The New York State Court of Appeals will accept a motion for leave to appeal within 30 days (+5 for mailing) from the date the Appellate Division order/decision is served with notice of entry.

Motions are returnable on a Monday, unless Monday is a legal holiday. If we are personally serving the motion, movant shall give at least 8 days notice.  Overnight  service allows for 9 days service and regular mail allows for 13 days notice. The motion and supporting papers must be in the Court no later than 12:00  in the afternoon on the Friday before the return date. Opposition to a motion for leave must be in the Court, with proof of service,  on or before the return date. 500.21  Use our **  Due Date Calcualtor  **  to accurately determine your date to file.

 

Q:  What should I attach to the motion itself and should anything accompany the motion?

A:  Movant's papers shall be a single document bound on the left and should contain: 1. notice of motion 2. a statement of the procedural history 3. a jurisdictional statement  4. questions presented    5. a disclosure statement and copies of the order or judgment as well as all relevant orders.

One full set of the appellant's record and brief, respondent's brief and appellant's reply brief must be sent along with the printed motion. 500.22

 

QCan I argue my motion for leave?

A:  No. Motions shall be submitted without oral argument, unless the Court directs otherwise.

 

Q:  How do I request an extension of time to file record material or briefs?
A: A request for an extension may be made by telephone call to the clerk's office. The party requesting an extension shall advise the clerk of the Court of the position of each other party with regard to the request. A party granted an extension shall file a confirmation letter, with proof of service of one copy on each other party, unless the clerk's office has notified all parties in writing of the determination of the request. 500.15

 

Q: When and where do I file the Preliminary Appeal Statement?

A:  The Preliminary Appeal Statement must be filed within 10 days after either the filing of the notice of appeal, the entry of an order granting a motion for leave in a civil appeal, or the issuance of a certificate granting leave to appeal in a criminal appeal. This should be filed with the clerk of the Court of Appeals along with proof of service and there is no filing fee due at that time. 500.9

 

Q: If leave to appeal is granted, how much time do I have to perfect?

A: After a preliminary appeal statement is filed, the clerk of the court will issue a scheduling letter. The scheduling letter will set forth the dates for filing of the appeal. If no scheduling order is issued, the appellant's papers shall be served and filed within 60 days after the filing of the notice of appeal or the entry of the order granting leave.

Respondent's briefs will be set forth in the scheduling letter, but if no order is issued, respondent's papers shall be filed within 45 days after service of appellant's brief.

Appellant's reply briefs are not required but may be served and filed as set forth in the scheduling letter. If no scheduling letter has been issued, a reply must be served and filing within 15 days after service of the respondent's brief.

500.12

 

Q. Does the New York State Court of Appeals require electronic filings?

A. Yes. As of  February 1, 2013, the New York State Court of Appeals is using an electronic filing system called Court-PASS. You must register for a user name and password. The technical requirements of the electronic filing are very specific. The Questionnaire should be reviewed in advance of filing as well.

 

Q. Are there any formatting requirements for the brief?

A:  500.1 - All briefs must be submitted on 8 1/2 x 11 white, unglazed paper. They must be bound on the left with no hard or metal fasteners. The Court of Appeals requires that briefs be typed in double spaced 14 pt. Times New Roman or 12 pt. Courier. Margins shall be no smaller than 1 inch on all sides.  They do not permit the use of ALL CAPS or Bold in the body of the brief unless it it used for a point heading.  You can use underline and italic freely.

 

Appellate Term First Department 

 

Q:  How do I file my Notice of Appeal?

A:  You will need an original + 2 copies of the Notice of Appeal along with a copy of the order appealed from and an affidavit of service. This gets filed with the civil court, and the fee for filing is $30.00. http://www.nycourts.gov/courts/nyc/civil/fees.shtml

 

Q:  What are the filing deadlines for the terms in the Appellate Term First Department?

A:  The Appellate Term First Department has a calendar published to indicate the filing deadlines for each term of the court. Appellate Term First Department Calendar.

 

Q:  What are the page limits for filing a brief in the Appellate Term First Department?

A:  The appellant's and respondent's briefs are limited to 50 pages. The reply is limited to 20 pages. However, the Appellate Term, unlike the Appellate Division, will accept a brief in 12 pt. font.

 

Q:  Is it correct that I cannot file my record unless the transcript is settled by all parties as well as the Judge who heard the case? How do I go about that?

A:  Yes, the appeals clerk will not prepare a Clerk's Return unless the transcripts have been settled properly. 

The appellant shall make any proposed amendments within 15 days after receiving the transcript. One full set of the transcripts shall be served on all respondents along with the Notice of Transmittal. The respondents will have 15 days to make any changes or objections.

After the 15 days from the transmittal, an original of the Notice of Settlement of Transcript along with the transcript and affidavit of service are to be submitted to the appeals clerk before the day of settlement.

 

Q:  What is the filing fee for an Appellant's Record and Brief?

A:  The Appellate Term has no filing fee for the appellant's brief and record.

 

Q:  How do I request argument for my appeal?

A:  The time requested for argument must be noticed on the brief cover in the upper right hand corner as well as filing a Notice of Argument.

 

Q:  How do I request an enlargement of time to file respondent's or reply brief?

A:   A stipulation between the parties should be filed with the clerk of the Appellate Term.

 

Appellate Term Second Department

 

Q:  What are the filing deadlines for the Appellate Term Second Department?

A:  After the Notice of Appeal is filed in the lower court, the appellant will be notified by the Appellate Term. A scheduling order will be issued giving the appellant 90 days from the date that they enter the notice of appeal into their system. Respondents' briefs must be served and filed within 21 days after the service of the appellant's brief.  The reply briefs must be filed within 7 days after the service of the respondent's brief.  Use our **  Due Date Calcualtor  **  to accurately determine your date to file.

 

Q:  Is it true that we do not have to file a Record on Appeal?

A:   The Appellate Term 2nd Department goes up on appeal by the original record automatically pursuant to 22 NYCRR Part 731.1(c) - Unless otherwise ordered by the court, an appellant may, but need not print copies of the record on appeal.

 

Q:  If there is no Record on Appeal, are there any additional documents required to be printed in the brief?

A:  Yes, the brief is required to contain a Statement Pursuant to CPLR 5531.

 

Q:  What is the filing fee for Appellant's to perfect?

A:   There is no court filing fee for perfecting an appeal in this court.

 

Q:  How do I request oral argument for an appeal?

A:  Oral argument should be requested on the cover of the briefs in the upper right hand corner. No more than 15 minutes will be allowed for argument on each side. If oral argument and time requested is not published on the cover of the brief, the court will deem it to have been submitted without oral argument. The court, in its discretion, may deny oral argument of any appeal.

 

Q:  Are there any formatting requirements and what are the page limits for briefs?

A:  Appellants and respondent's briefs are limited to 70 pages. The appellant's reply brief is limited to 35 pages. The font size is not to be smaller than 11 point in size and be double spaced. They have no rule specifying any acceptable font style. Margins should not be smaller than 1 inch all around.

 

United States Court of Appeals for the Second Circuit

 

Q:  What do I need to file my notice of appeal in the Second Circuit?

A:  CIVIL - A notice of appeal in a civil case must be filed with the district clerk within 30 days after the order or judgment is entered. When the US or its officer is a party, the notice of appeal may be filed by any party within 60 days of entry. Rule (4)(a)

CRIMINAL - A defendant's notice of appeal in a criminal case must be filed in the district court within 10 days after the date of the entry of the judgment or order appealed or the filing of the government's notice of appeal. When the government is entitled to appeal, their notice of appeal must be filed with the district court within 30 days of either the entry of the judgment or the filing of a notice of appeal by any defendant.  Rule (4)(b)

 

Q:  What are the filing deadlines for my Joint Appendix and brief?

A:  Except for cases assigned to the Expedited Appeals Calendar, the parties must submit scheduling requests for filing briefs in accordance with the procedures in Local Rule 31.2.   Scheduling Notification Letter

 

Q:  How do I make a motion in the Second Circuit?

A:  This court requests that attorneys use the T-1080 Motion Information Statement accompanied by an affidavit containing only statements of fact, a copy of any exhibits that support the motion and proof of service. 1 original and 4 copies filed with the court. Procedural motions do not require a return date. Substantive motions that request oral argument on the T-1080 must appear for argument. Non-emergency substantive motions are calendared for hearing or submission on a Tuesday at least 20 days from the date of filing.

Local Rule 27

 

Q:  What are the C&D Forms and where and when do I have to file them?

A:  Form C (The Civil Appeal Pre-Argument Statement) and Form C-A (The Agency Appeal Pre-Argument Statement), when completed will state the basis of jurisdiction, the nature of the action, the result below, the issues on appeal and other information relevant to the pre-argument conference.  The form must be completed and filed WITH THE SECOND CIRCUIT within fourteen (14) days after the filing of the notice of appeal, accompanied by a copy of the judgment or order appealed from and all judicial opinions in the case relevant to the issues on appeal.

Form D (The Civil Appeal Transcript Information Form), when completed informs the Court whether a transcript has been ordered. Form D must also be completed and filed at the same time as Form C or the appeal will be dismissed. Form D must be filled out even if a transcript is not ordered.

Along with forms C&D the appellant should file a Scheduling Notification Letter.

 

Q. What are the formatting and content requirements for my brief?

A:  Rule 28 -

Appellant's briefs must contain:  Corporate disclosure statement pursuant to 26.1, table of contents, table of authorities, jurisdictional statement, statement of issues, statement of case, statement of facts, summary of argument, argument, conclusion, and certificate of compliance. Certificate of Compliance for Times New Roman, Certificate of Compliance for Courier

Appellee's need not do a jurisdictional statement, statement of the issues, the statement of the case, the statement of the facts, the statement of the standard of review unless they disagree with the appellant's statements.

 

Q:  How do I request oral argument?

A:  Notice of Appearance must be filed when the appellant's brief is due.

 

Supreme Court of the United States

 

Q:  What is the filing fee for  a petition for a writ of certiorari?

A:  The filing fee that accompanies a petition for the Supreme Court of the United States is $300.00. Rule 38(a)

 

Q:  How long do I have to file a petition?

A:  Unless otherwise provided by law, a petition for a writ of certiorari to review a judgment in any case, civil or criminal, entered by a state court of last resort or a United States court of appeals (including the United States Court of Appeals for the Armed Forces) is timely when it is filed with the Clerk of this Court within 90 days after entry of the judgment. Rule 13 Use our **  Due Date Calcualtor  **  to accurately determine your date to file.

 

Q:  What is the format requirement of the Petition?

A:  Questions Presented, List of Parties, Table of Contents, Table of Authorities, Citations of the official and unofficial reports, Jurisdictional Statement, Constitutional Provisions, Statement of the Case, Argument. Rule 14

 

Q:  What are the document formatting requirements?

A:  Every document filed with the Court must be prepared in a 6 1/8 by 9 1/4 inch booklet format using a standard typesetting process. That includes the petition as well as the appendix. They require a font in the Century family in 12 point type, footnotes no smaller than 10pt. The text of both the petition and appendix must not exceed 4 1/8 x 7 1/8 inches. No metal or hard fasteners are permitted. Rule 33

 

Q:  Is there a page limit? Certificate of Complaince?

A:  Petition for Writ of Certiorari -  9000 words,  Opposition -  9000 words, Reply 3000 words. Word limits do not include the corporate disclosure statement, table of contents and authorities or listing of counsel at the end of the document. Word limits include footnotes.

A certificate of compliance must accompany the petition and opposition. Rule 33(h)

 

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