THE APPELLATE INSIDER BLOG

Home / Blogs / ARE CO/CROSS-APPELLANTS REQUIRED TO SHARE IN THE COSTS OF A JOINT RECORD/APPENDIX IN AD3 AND AD4?

ARE CO/CROSS-APPELLANTS REQUIRED TO SHARE IN THE COSTS OF A JOINT RECORD/APPENDIX IN AD3 AND AD4?

by | May 2, 2024

KEVIN MOMOT | Senior Sales Consultant | PHP

Whether involving a cross-appeal (appellants’ interests are adverse to each other) or a concurrent appeal (appeals taken separately but not adverse to each other) from a single order or judgment, Statewide Appellate Practice Rule 1250.9(f) specifies that a Joint Record or Appendix should be prepared. Parties must consult to determine the contents of the Record/Appendix and costs for preparing/filing shall be shared equally.

Specifically, Rule 1250(f)(1)(ii) addresses the cost sharing requirement for cross-appeals, noting:
(ii) The appealing parties shall file a joint record or joint appendix certified as provided in section 1250.7(g) of this Part and shall share equally the cost of that record or appendix; (emphasis added).

Rule 1250(f)(2) requires the same for a concurrent appeal from a single order or judgment, stating:
(2) Concurrent appeals from a single order or judgment. In concurrent appeals, the appellants shall perfect the appeals together, without motion, in the period measured from the date of the latest notice of appeal. The appellants shall file a joint record or joint appendix certified as provided in section 1250.7(g) of this Part and shall share equally the cost of that record or appendix. (Emphasis added).

Both the Third and Fourth Depts. do not have any rule that differentiates or contradicts this cost sharing requirement (see Third Dept. Rules of Practice Part 850 and Fourth Dept. Rules of Practice Part 1000, respectively). It is important for the appellants to confer with each other to determine and agree to the contents of the Joint Record/Appendix (and discuss costs to prepare it). Most appellate services providers can create separate invoicing for each appellant for their share to prepare/file the Joint Record or Appendix. If a party has filed a Notice of Appeal but is not going forward, it should be formally withdrawn – the Notice of Appeal will be excluded and the Record/Appendix will no longer be joint.

Recent Posts

Wednesday Wisdom

Counsel for appellant or an unrepresented litigant who voluntarily participates in e-filing will receive a "calendar number" from the Court. Within seven (7) days of receipt of the "calendar number" counsel for appellant or an unrepresented litigant who voluntarily...

Wednesday Wisdom

Within 20 days of service, Counsel for a party served with Notification of Case Number and other pertinent information for is required to confirm registration as an e-filer in NYSCEF. After the 20 day period, an attorney who has not entered the information required...

Blog Categories