§ 5528 — Content of briefs and appendices

New York § 5528

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 55: Appeals Generally

Text

Rule 5528. Content of briefs and appendices. (a) Appellant's brief and\nappendix. The brief of the appellant shall contain in the following\norder:\n 1. a table of contents, which shall include the contents of the\nappendix, if it is not bound separately, with references to the initial\npage of each paper printed and of the direct, cross, and redirect\nexamination of each witness;\n 2. a concise statement, not exceeding two pages, of the questions\ninvolved without names, dates, amounts or particulars, with each\nquestion numbered, set forth separately and followed immediately by the\nanswer, if any, of the court from which the appeal is taken;\n 3. a concise statement of the nature of the case and of the facts\nwhich should be known to determine the questions involved, with\nsupporting references to pages in the appendix;\n 4. the argument for the appellant, which shall be divided into points\nby appropriate headings distinctively printed; and\n 5. an appendix, which may be bound separately, containing only such\nparts of the record on appeal as are necessary to consider the questions\ninvolved, including those parts the appellant reasonably assumes will be\nrelied upon by the respondent; provided, however, that the appellate\ndivision in each department may by rule applicable in the department\nauthorize an appellant at his election to proceed upon a record on\nappeal printed or reproduced in like manner as an appendix, and in the\nevent of such election an appendix shall not be required.\n (b) Respondent's brief and appendix. The brief of the respondent shall\nconform to the requirements of subdivision (a), except that a\ncounterstatement of the questions involved or a counterstatement of the\nnature and facts of the case shall be included only if the respondent\ndisagrees with the statement of the appellant and the appendix shall\ncontain only such additional parts of the record as are necessary to\nconsider the questions involved.\n (c) Appellant's reply brief and appendix. Any reply brief of the\nappellant shall conform to the requirements of subdivision (a) without\nrepetition.\n (d) Joint appendix. A joint appendix bound separately may be used. It\nshall be filed with the appellant's brief.\n (e) Sanction. For any failure to comply with subdivision (a), (b) or\n(c) the court to which the appeal is taken may withhold or impose costs.\n