ISSUE 2 │ VOL. 2 │ SUMMER 2014
What’s New at PrintingHouse Press?
In the last newsletter, we expressed our desire to make 2014 wholly about our clients. As the year is at its midpoint, we are off to a great start. PrintingHouse Press’ brand new responsive website has been launched, client-requested updates have been made to the portal and we have created a branding video to allow our clients the opportunity to see who we really are.
The blueprint followed in developing the new website, which was tied into the company’s strategic goals, has resulted in the creation of a site that will provide first rate technology, knowledge, and support, reflecting the true essence of PrintingHouse Press.
The new site continues to provide all of the information previously available, with easier access and clearer direction to the material. In addition, we have added an array of new features to help create a better web experience for clients, including the all new Appellate Insider Blog and groundbreaking Mobile Apps (featured inside). Since users are moving toward tablets and mobile phones to access information on-the-go, we optimized PHPNY.com for all mobile devices ensuring the user’s experience is best in any viewing situation.
We have also released a redesigned version of our industry leading client portal. For several years, the PrintingHouse Press web portal has excelled in meeting the needs of clients no matter when or where they are working. Past features, including instantaneously tracking packages served and filed by PrintingHouse Press, and viewing oral argument dates, times, and locations for any in-house matter, have been upgraded.
The updated portal contains a clean, refreshing interface with a comprehensive and user-friendly homepage. Users have the ability to view appellate decisions for all of an attorney’s cases in one concise place. It also features red alert notifications, informing clients of newly uploaded files. Automatic email notifications are sent out daily, confirming that a matter has been served and filed. Also, a Resources section that contains term calendar dates, rules and court requirements has been added to the improved portal for added convenience.
Lastly, PrintingHouse Press filmed its first branding video, which is now available at www.phpny.com. The branding video was filmed entirely in the PHP office, offering an intimate look at the company and its experienced staff. With this video, PrintingHouse Press brings you inside their day-to-day operations, providing an in-depth look at their company-wide allegiance to providing first class service to their clients and their unmatched commitment to being the forerunner in all technological developments in the appellate services industry.
The Written and Unwritten Rules of Filing Appellate Briefs in the New York State Appellate Division, First and Second Departments
Executive Vice President of Business Development | PHP
For the most part, in the First and Second Departments the content, formatting and guidelines for all briefs are consistent. However, there are a few requirements and rules that differ from one Court to the next. For the most part, in the First and Second Departments the content, formatting and guidelines for all briefs are consistent. However, there are a few requirements and rules that differ from one Court to the next. For instance, the requirements regarding typeface, point size, spacing and margins are exactly the same: Times New Roman (other fonts are accepted) 14 point font, 12 point footnotes, double spaced with one inch margins is standard for both the First and Second Departments.
Text within the body of the brief may not be in boldface or all caps. For emphasis, the Court allows any text to be italicized or underlined only (not excessively). However, you may use all caps only if the text you are referring to was filed in all caps in the lower Court. Also, you may use all caps in any headings or sub-headings. Bullet points are acceptable in the Second Department, but not in the First. The most common alternative is to use dashes, which the First Department will accept. A table of contents is required in both the First and Second Departments. While the majority of our clients prefer to include a table of authorities within all of their briefs, it is not required in the Second Department.
The word count for all appellants and respondents briefs is 14,000 words. When filing a reply brief the word limit is 7,000. In order to file an over-sized brief, the Court requires a copy of the brief prior to filing along with a letter application seeking the Court’s permission.
A compliance document must be included as the last page of the brief. The First Department asks that the document have the title “Printing Specifications Statement” containing the processing system, typeface, point size and word count (pursuant to CPLR 600.10(d)(1)(v)). The Second Department calls this a “Certificate of Compliance” and it must contain the same information listed above (pursuant to CPLR 670.10.3(f)). Neither the First nor the Second Department requires this document to contain a signature.
The bottom line is that whenever we work on an appellate brief there are multiple departments at PrintingHouse Press that go through each brief with a fine tooth comb. The reason behind this is that the Court will likely reject any brief not meeting the aforementioned requirements. We pride ourselves on protecting our clients and dealing with any potential issues prior to serving and filing a brief in Court.
New York State Appellate Division, First and Second Departments:
How and when must I serve my adversary?
ERIC J. KUPERMAN ESQ. | Executive Vice President of Sales | PHP
I frequently receive inquiries from my clients with respect to how to serve their adversaries when they are perfecting an appeal or opposing one that their adversary has already perfected. I will limit this posting to the Appellate Division, First Department (hereinafter AD1) and Appellate Division, Second Department (hereinafter AD2) because those are the courts about which I receive the most frequent inquiries.
In AD1, the brief must be in your adversary’s hand/office on the date that it is filed. That means that if one’s last day to perfect is February 18, 2014, or if one simply wants to meet that deadline to comply with the AD1 May 2014 Term deadline, not only must the Court receive the Record and Brief on that date but your adversary must receive it in hand as well. This is easily accomplished if the service party is local. However, if the filer is within NYC and the adversary is in Rochester, for instance, it behooves the filer to serve Rochester overnight (the day prior) so that both the service party and the Court will receive the documents simultaneously. This, of course, requires the filer to complete his brief one day early to allow for shipping. The alternative is to personally deliver the brief (at whatever expense) to the adversary’s office the date it is due. In this case, it would mean a car service, messenger, etc. to Rochester, NY, which, even if feasible, would dramatically increase the expense.
One caveat to the foregoing is with respect to the Appellant’s Reply Brief. Since this is the last filing and the Respondent receives no opportunity to put in a brief after the Reply Brief is filed, there is no need for personal service of the Reply Brief. At this stage of the briefing schedule, the Appellant may serve his/her Reply Brief via regular mail.
In AD2, it’s more straightforward. Though service may, indeed, be done personally, service via regular mail is perfectly acceptable
Moreover, using the same date as the above-noted example (though there are no Terms in AD2), as long as the service is mailed on the date it is due, the filer has complied with the Court’s requirements. It is for this reason that AD2 gives the adversary an additional five (5) days to respond to the filing if served via regular mail. The service party would get an additional one (1) day if served via overnight mail.
The truth is that in this example, once the service is overnighted, the filer may file the same day he overnights the Appellant Brief/Record to the adversary as long as the deadline is the date of receipt and not the date the package is shipped.
Of course, if the initial filing is a Joint Record/Appendix and the Respondent, therefore, is entitled to the last word (i.e. Reply Brief, on his cross-appeal) then the Appellant’s Reply would have to be served personally and the Respondent’s Reply Brief could be served via regular mail.
Records on Appeal in the Appellate Term, Second Department
PAUL LAMAR | Executive Vice President of Appellate Services | PHP
One of the most frequent questions I receive from attorneys filing an appeal in the Appellate Term, Second Department (hereinafter “AT2”) is, “When do I need to file my Record on Appeal?” The answer normally produces several follow-up questions since there is no need to file a Record on Appeal in AT2 [22 NYCRR Part 731.1(c)]. In most cases, the Appellant is required only to file an Appellant’s Brief accompanied by the statement pursuant to CPLR § 5531 (hereinafter “5531”).
Similar to most appellate courts, the Notice of Appeal is filed at the court of original instance. Unlike other courts, however, the Clerk in the lower court will then assemble the original papers (including the settlement of the transcript when warranted), issue a Clerk’s return and send the entire file to the Appellate Term, Second Department. The Appellant has ninety (90) days from the date of receipt of the original papers and Clerk’s return to file his/her brief and 5531. An original plus five (5) copies are filed with AT2 and one (1) copy is mailed to each service. There is no filing fee required.
There are instances when the Appellate Term will allow the Appellant to attach relevant portions of the original papers (i.e. the Record) to the back of their brief. The court prefers that those additional documents are not too voluminous since it has access to those documents from having had the original papers transferred from the lower court.
Supreme Court Rule 14: What to include in the Appendix (and in what order) of a Petition for Writ of Certiorari
MARIA ANDRADES | Senior Appellate Consultant | PHP
Have you ever asked what documents should accompany a petition for writ of certiorari in an Appendix and in what order they should be presented?
The first documents to be included in the Appendix are the opinions, orders, findings of fact, and/or conclusions of law, whether written or orally given and transcribed, entered in conjunction with the judgment sought to be reviewed. The next document(s) you may want to include are any other relevant orders, opinions, findings of fact, and conclusions of law entered in the case. These may be findings of other courts or even administrative agencies, and may be included if reference to them is crucial to the review of the Petition. Companion cases that you wish to include should contain the caption showing the name of the issuing court or agency, the title and number of the case, and the date of entry; any order on rehearing, including the caption showing the name of the issuing court, the title and number of the case, and the date of entry; the judgment sought to be reviewed if the date of its entry is different from the date of the related opinion or order that are at the beginning of the Appendix; and any other material the petitioner believes essential to understand the petition.
If what is being included in the Appendix is too lengthy, the Supreme Court will accept a separately bound volume or volumes with appropriate covers (rather than annexing the Appendix to the Petition itself). If, for whatever reason, the Appendix which you attempt to file is rejected (assuming that the Petition was timely filed) the Court will send you notice with the deficiencies and give you 60 days from the date of notice to correct the petition and resubmit same.