JOHN MCGORTY | Appellate Consultant | PHP
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.