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E-Filing in the Appellate Division, Second Department Technical Guidelines

by | Oct 22, 2018

Pursuant to the Second Department’s E-Filing Technical Guidelines, all digital copies of briefs must contain bookmarks to the authorities cited in the brief. Clicking on a case listed in the Table of Authorities should take the reader to the copy of the case being cited which is to be included at the end of the brief.

Please note that the hard copies of the briefs should not include copies of the cited authorities; this rule pertains to the digital copy only.

The guidelines below can be found at: http://www.courts.state.ny.us

E-Filing in the Appellate Division, Second Judicial Department
Technical Guidelines
Attachment A to the Electronic Filing Rules of the Appellate Division (22 NYCRR
Part 1245) contains a list of formatting requirements for documents electronically filed.
In addition to those requirements, the Second Department offers the following
guidelines, which should be followed to the extent practicable.

Bookmarking in Briefs:

All electronically-filed briefs should contain bookmarks
to the authorities cited in those briefs. Those bookmarks should take the reader to a
copy of the cited authority, that is, the case, statute or rule, which will be part of the brief
submitted. Those authorities are not considered to be part of the formal record on
appeal.

Bookmarking in Motions:

All electronically-filed motions and papers filed in
opposition or relation to motions, should be filed in one PDF document, which shall
contain bookmarks linking each separate document contained therein

Resolution:

To ensure the highest quality resolution, filers should, when
practicable, use documents which are exported or electronically converted from word
processed documents, rather than scanned documents. When such conversion is not
possible, documents shall be scanned at 300 dots per inch (DPI) resolution and in black
and white only, unless color is required to protect the evidentiary value of the document.

PDF Size:

Appellate Division e-filing rules require that electronically filed PDFs
not exceed 100MB in size. All PDFs should be reduced and optimized, using file
compression software, before they are e-filed, to ensure that the smallest sized PDFs
possible are filed.

Hard Copy Filings:

In addition to submitting electronic filings, authorized e-filers
shall submit hard copy filings as follows: (1) an original plus five copies of appellate
briefs, records, and appendices (see 22 NYCRR 1245.6[a][1][i]), and (2) the original of
papers filed in original proceedings and in connection with motion practice (see 22
NYCRR 1245.6[a][1][ii]).

Entry of Initial Information:

Pursuant to section 1245.3(a) of the Electronic
Filing Rules of the Appellate Division, counsel for the appellant or the petitioner, unless
an exempt attorney, shall, within the designated time period, register or confirm
registration as an authorized e-filer with NYSCEF, follow the prompts to enter the
required information in the NYSCEF system, and electronically file such documents “as
the court shall require” (22 NYCRR 1245.3[a][2]). The Second Department requires the
electronic filing of the notice of appeal, with proof of filing, the order or judgment
appealed from, and an informational statement. The Court is in the process of
designing an informational statement which is user-friendly and meets our needs. Until
that form is finalized and posted on our website, filing of a completed Request for
Appellate Division Intervention will serve to meet the requirements of this rule.

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