Appellate Procedure Checklist–5 Key Facts to Know About…NY State Appellate Division Briefs

Checklist Blog Posts 2

While Records on Appeal/Appendices are instrumental in relaying the facts of a case to the appellate Justices, briefs are key in explaining an attorney’s arguments. This is why it is so important to make sure your briefs comply with the Courts’ rules so they are not rejected before making it into the Justices’ hands. Below, find 5 key facts to help you on your way to a better understanding of appellate briefs.

1. AD1 is the only one of the four NY State Appellate Division Departments that requires a Table of Authorities to be included when filing briefs. All four Departments do, however, require a Table of Contents.

2. Certification pages (i.e., Printing Specification Statement and Certificate of Compliance) are required when filing a brief in AD1 and AD2. These Courts have both word and page limitations.

3. Certification pages are not required in AD3 and AD4. These Courts only have a page limitation.

4. The arguing attorney must be indicated on brief covers filed in all four Departments. Argument times, though, are only listed on brief covers filed in AD2, AD3 and AD4.

5. NY State Appellate Division Departments have specific requirements when it comes to the formatting of briefs. Click here for a simple infographic on the topic.


**Please note that there have been updates to the NYSCA brief length requirements. They can be found here.