Lower Court Documents: The Best Practices to Ensure Preservation of a Potential Record on Appeal

The question often arises as to whether the same exhibits to motion practice must be included twice (e.g., in each of multiple motions for Summary Judgment) at the lower Court level simply to preserve the Record on Appeal at the Appellate Division. One might posit that even if there are separate Orders rendering decisions on …

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What Should the Appellate Division Record Contain if Exhibits were Filed on a CD in the Lower Court?

Sometimes, in an effort to save a tree or two, attorneys will intentionally not include physical copies of exhibits in the motion papers in the Supreme Court. Rather than include voluminous medical records with thousands of pages, for instance, an attorney might attach a CD with bulk documents as an exhibit to their motion papers1. …

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New York State Appellate Division, First Department – Are Photographs Permitted to Be Included in a Brief?

I was recently asked by a client whether the Appellate Division, First Department would permit him to include a photograph within the text of his brief.  Specifically, he wanted to “paint a picture” of a scene which was completely relevant and utterly explanatory rather than just describe the scene as it occurred.  Intuitively, why not?  …

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