VICTORIA RAMOS | Appellate Consultant | PHP
There is a plethora of benefits associated with the e-filing process. E-filing documents in the lower court can be beneficial when appealing a case in the Appellate Division First and Second Departments. If you are appealing a case in which the documents were e-filed on NYSCEF in the lower court, you can easily download and compile all the relevant NYSCEF documents you will need for your Record on Appeal. The New York State Unified Court System (NYSCEF) allows you to sort the multitude of docket entries on the lower court docket by motion sequence, making the gathering of the documents you need to include in your appeal seamless. Another benefit of e-filing documents in the lower court is that no matter which attorney may take over the case, you can easily see the case history with a few keystrokes and a click of a button.
Currently, most cases are e-filed on NYSCEF in the lower court. When it comes to confidential documents, e-filing has made the process of gathering those documents easier. When searching a case on NYSCEF as a guest, you will not be able to view confidential documents filed on the docket. But if you are a party to the appeal, who has recorded their representation on the docket, you can log into the system with your NYSCEF username and password; after logging in, you can view confidential documents that are e-filed on the docket. Overall, NYSCEF and e-filing can be a useful tool if you know how to use it.
KEVIN MOMOT | Senior Appellate Consultant | PHP
Specifically, Rule 1250(f)(1)(ii) addresses the cost sharing requirement for cross-appeals, and Rule 1250(f)(2) requires the same for a concurrent appeal from a single order or judgment. Both the Third and Fourth Departments. do not have any rule that differentiates or contradicts this cost sharing requirement (see Third Departments. Rules of Practice Part 850 and Fourth Department Rules of Practice Part 1000, respectively).
Prior to your deadline to file, you must file a letter application seeking permission to file an oversized brief. For the court to make a determination, a draft copy of the proposed brief must be attached to the application. In most cases, the Appellate Division is going to deny such an application and ask that the filer stay within the parameters set forth by the court. However, there are instances where permission to file an oversized brief has been authorized because there are multiple parties involved in the matter. In such cases, there are typically multiple appellants filing opening briefs where a respondent’s application to file an oversized brief could be granted, due to opposing various parties and issues all in one brief. Keep in mind, if your application is granted, you must then file the exact brief approved by the clerk’s office.
Regardless of the circumstances surrounding the request, the applicant will most likely see a decision within a day or two of submission.
HOW IS A BRIEF FORMATTED IN EITHER THE APPELLATE TERM, FIRST DEPARTMENT OR THE APPELLATE DIVISION, FIRST DEPARTMENT.
PAUL LAMAR | Executive Vice President of Appellate Services | PHP
The use of the “Clerk’s Return” is particular to the practice in the Appellate Term courts. It is necessary because in civil cases the Appellate Term does not have the notice of the appeal until it receives the Clerk’s Return or a party makes a motion directly to the court. The clerk of the lower court assembles and forwards the Return to the Appellate Term. Appended to the executed Clerk’s Return are the notice of appeal; the order or judgment appealed from; and the opinion of the court, if any; all of the pleadings and relevant papers in the courts file; the transcripts, if any, duly settled; and exhibits, if any.
Once the appellant files the Notice of Appeal, he should order a transcript, if the trial or hearing was held on the record. Within ten days after the transcript fees are paid, the stenographer is to provide the transcript to the lower court clerk, who then notifies the appellant that the transcript may be “settled”. A transcript is settled when both parties have had an opportunity to review the transcript and submit objections. The trial judge will
The Clerk’s Return was designed to speed up the appellate process from the lower courts, but often the practice falls short. The difficulty in obtaining transcripts leads to delay. Moreover, the time constraints for the perfection of the appeal are not compelling until after the Clerk’s Return is filed. The First Department technically requires the appellant to arrange for filing of the Clerk’s Return within 30 days of filing the notice of appeal. Nevertheless, this rule is usually not enforced, given the unavoidable delay inherent in obtaining the transcript from court reporter.