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Crunch Time: Avoiding Rush Proofs

by | Feb 21, 2019

PHP is in the business of compiling documents from lower Court records and assembling a Record on Appeal that is compliant with Appellate Division Rules. What this typically means is that our clients provide complete copies of the documents that were filed in the Supreme Court and then we, in turn, transform these separate documents into a single Record on Appeal. The Record is then utilized by the parties to cite to the portion of the Record containing documents referenced in their briefs. Assembly of the Record proof typically takes a couple of business days and our clients are then provided with a proof copy of what will likely be the final Record on Appeal.

However, there are occasions when attorneys contact us only days prior to their perfection deadlines with a need to perfect the appeal on a rush basis. The process on our end does not change; rather it must be expedited. We essentially are forced into a situation in which the client may need a proof of his/her Record within 1 day (or even later the same day) because in order to finalize the appellate brief, the attorney needs the proof to insert his/her referenced citations. In order to give the attorney time on his/her end, we have to turn around that proof extraordinarily quickly. If there are any changes to be made to the proof, they too have to be done quickly in order to have time to print the final run, accounting for the requisite number of copies that the Court requires both for service and filing. 

In order to avoid these rush situations, especially given the recently added NYSCEF requirements, we encourage our clients to try provide the documents for the Records on Appeal well in advance of their filing deadlines. That way, they have the proofs from us in plenty of time to finalize both the Record and their brief. Moreover, it allows for efficient editing of both and avoids any potential priority charges or last minute emergencies.

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