New York State Supreme Court Appellate Division Third Judicial Department.

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Presentation transcript:

New York State Supreme Court Appellate Division Third Judicial Department

GENERAL GUIDELINES: EACH VOLUME OF RECORD OR APPENDIX CANNOT EXCEED 1-1/2" IN THICKNESS COVER OF EACH VOLUME MUST INDICATE: VOLUME I OF [IV] EACH VOLUME MUST CONTAIN A DETAILED TABLE OF CONTENTS EACH VOLUME BOUND ALONG LEFT-HAND SIDE STAPLES SHOULD BE TAPED DOWN PROPER PAGINATION: 1a, 2a, 3a, etc.

Record on Appeal

Single Copy Record Must be Stipulated to by the Parties Use 800.7(b) Notice (20-Day Notice to Sign the Stipulation, or propose amendments or raise objections to the record)

Sample CPLR 5532 Stipulation (b) Notice (b) Affirmation CPLR 2105 Certification

Family Court Appeals-Record

Appellant’s Assigned Attorney sends their Copy of the Transcripts to Respondent’s Attorney The Non-Appellant Attorney for the Child Must Contact the Appellate Division for a Copy of the Transcripts

Lincoln Hearings are Confidential, In-Camera Hearings that are for The Court’s Use Only See Family Court Act Section 664 (b) The Transcript of the Hearing is sent to the Court Under Seal by the Family Court The Parties Are Not Privy to the Contents of this Hearing

Record Cover Table for Record

Criminal Appeals Record

Record Cover Table for Record

Presentence Investigation Reports Grand Jury Minutes Psychological Evaluations/Reports Should be filed separately but should be noted in the table of contents If they are referenced throughout your brief include copies so that they can be distributed to the judges

Briefs

FORMAT OF BRIEFS: SPACING: TEXT DOUBLE-SPACED HEADINGS & FOOTNOTES MAY BE SINGLE-SPACED QUOTATIONS MORE THAN 2 INCHES LONG MAY BE INDENTED & SINGLE-SPACED FONT SIZE: TIMES NEW ROMAN 14 POINT TYPE IN BODY 12 POINT TYPE FOR FOOTNOTES (or) COURIER 12 POINT TYPE IN BODY 10 POINT TYPE FOR FOOTNOTES MARGINS:ONE INCH ON ALL SIDES

Family Court Appeals Brief

Brief and Appendix Cover Table Brief and Appendix Family Court

Criminal Appeals Brief

Brief and Appendix Cover Table Brief and Appendix Criminal Brief Forms

Page Numbers LEGIBILITY Exhibits Make sure you can read each document

Attach cases that are not readily accessible on Westlaw or Lexis Addendum to Briefs No New Evidence Only Unreported Decisions

CALENDARING PROCEDURES Demand Letter Term Letter Notice to Counsel Term Calendar Session Calendar

Check Website for Rules, Forms, Calendars and Decisions

CALL CLERK’S OFFICE IF IN DOUBT OF ANY OF OUR RULES AND PROCEDURES ADDRESS