Problem: You’re writing your brief for the Appellate Division, First or Second Department. There’s a very important element you’d like to emphasize but know that the Courts are quite scrupulous when it comes to formatting requirements. How do you go about emphasizing this facet of your brief without the risk of getting your appellate filing rejected by the Court?
Solution: Below are both the acceptable and unacceptable methods of emphasis within a brief.
ACCEPTABLE—Underline and Italics (when used sparingly)
UNACCEPTABLE—Bold and FULLY CAPITALIZED (unless in point headings or quoting directly from the Record on Appeal/Appendix)
You can refer to this helpful infographic for more Appellate Division brief formatting requirements.