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.

So, what will the Record look like when perfecting an appeal at the Appellate Division?

Unfortunately, the Appellate Division will not allow an Appellant to simply file large motions on a CD. If a full Record is required the documents must be printed and filed as volumes of bound books. With the Appellate Divisions requiring an Appellant to file nearly ten copies of the Record and serve two upon the adversary, this method can prove to be quite costly.

The Appellant may, however, file/serve an Appendix. An Appendix would only include those documents to which the Appellant is citing in the brief (as well as those to which one anticipates the Respondent will cite). The Appendix method could turn a 10,000 page Record into a 500 page Appendix, cutting down on costs dramatically.

 

 

1 Please note that not all of the county courts allow motion papers to be filed on a CD. Be sure to check with the specific court in order to ensure that it will accept this method.