I was recently asked by a client whether the Appellate Division, First Department would permit him to include a photograph within the text of his brief. Specifically, he wanted to “paint a picture” of a scene which was completely relevant rather than just describe the scene as it occurred. Intuitively, why not? If a picture is, in fact, worth 1,000 words, it might do well to reduce the length of his brief so that it would fall well within the parameters and guidelines set forth by the Appellate Division, First Department. Moreover, it might make the Court’s job easier in deciphering the details elicited by Counsel.
That said, take heed. The Appellate Division, First Department will not, in fact, accept such a filing. One may certainly reference a photograph that is included in the Record on Appeal/Appendix that was filed with the brief. However, including a photograph as an embedded image within the brief will result in its categorical rejection by the Court. If one does not wish to picture an angry client blasting his/her attorney as to why a brief was rejected, then keep photos out of your briefs.