08 Dec Document Consistency in the Appellate Process
{1:20 minutes to read} Physical documents are very important to the appellate process.
For example, if there is a car accident, the physical documents will include photographs of the accident that can help attorneys prove something specific for their appeal. Or an appeal may include medical information such as x-rays, a doctor’s handwritten notes, or a photocopy related to patient admissions.
The Appellate Division requires parties to submit exactly what the lower court reviewed when making the determination on the order being appealed. If a document was submitted before the lower court in color ink, then the appeal copies cannot be black and white ink. The Appellate Division, Second Department is particularly stringent in their rules about legibility, specifically, color copies. They will physically go through each and every page, and if there is a problem, they will inform the attorneys right away. The Appellate Term courts require that orders be retyped for legibility purposes.
The takeaway is this: even if one sheet of paper is not germane to the appeal, the court is not going to loosen its standards. If the court cannot read a document, or if it is not clear, the court is not going to accept it.
If you have any questions, please contact Liza Bobo at Appellate Innovations.
Liza Bobo
APPELLATE INNOVATIONS
3 Barker Avenue, 2nd Floor
White Plains, NY 10601
Phone: (914) 948-2240
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