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Electronic Filing Questions

by | Aug 15, 2019

Ever since electronic filing has been instituted at the Appellate Division level I have had a number
of attorneys call and ask me to assist them on a number of matters.

Q: If I am filing a Brief in the Appellate Division-Second Department does my Brief need to
be hyperlinked and bookmarked if it is not coming from a county included in e-filing
at the Appellate Division?

A: Regardless of whether or not your appeal is deemed to be an e-filed case at the Appellate
Division-Second Department all Briefs being filed at the court must be bookmarked and
hyperlinked. The Briefs which are not considered e-filed are uploaded to the court’s
internal portal. Whatever cases, statutes, etc. are listed in the Table of Authorities must
be hyperlinked at the back of the Brief with the case law.

Q: I have an appeal coming out of a county which is designated as an e-filed county for the
Appellate Division-Second Department, however it has not been e-filed at the lower court.
Do I need to e-file at the Appellate Division?

A: Since the appeal was not e-filed in the lower court the rules do not apply to e-filing
at the Appellate Division. You find this mostly on appeals with an index number prior to 2012.

Q: I have an appeal serving and filing at the Appellate Division-First Department. Do I need
to have the cases hyperlinked at the back of my Brief? It is not considered an e-filed case.

A: Unlike the Appellate Division-Second Department, the Appellate Division-First Department
does not require any of the cases to be hyperlinked, whether the appeal is considered e-filed or not.

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