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Odd Evidence: Plan for Time, Cost & Effort in Appellate Court

Odd Evidence: Plan for Time, Cost & Effort in Appellate Court

Odd Evidence: Plan for Time, Cost & Effort in Appellate Court by Liza Bobo

{2:00 minutes to read} Attorneys should expect to have cases that require crucial, out-of-the-ordinary pieces of evidence (i.e., color photos or oversized maps). Once the evidence is filed in the court of original incidence, the appellate court expects to see a precise duplicate of the original piece of evidence. 

In every stage and each new setting, the courts want to see like for like

If you stipulate to the color photo or use the appendix method, you can physically exclude it. However, if you are perfecting upon the full record method, everything that the local courts reviewed has to be reproduced exactly for the appellate court. 

When planning the appeal and discussing the cost, etc. with your client, it is important to calculate the costs of assembling evidence needed for the appeal. 

In New York’s appellate courts, for example, an oversized map will need to be reproduced multiple times

  • 9 copies to be filed;
  • 2 copies to be served upon each adversary; and 
  • A few copies for yourself/your client. 

In addition, the oversized maps or color photos have to go in at least 11 books—at a minimum. 

Attorneys must be cognizant of the time and expense that it takes to reproduce the materials as well as the preparation time. An oversized map will not only need to be printed but will then need to be physically folded into the record. As an alternative to bulking up the record with an odd shaped item, you could make an application to the court for alternatives—if that option is available. 

By understanding the preparation required, attorneys can manage the time, effort and cost that it takes to reproduce and file odd pieces of evidence. If the evidence does not match the original, you will have to provide a reason why. 

If you need assistance or have questions about this process, please contact us today.

Liza Bobo

 

Liza Bobo
APPELLATE INNOVATIONS

3 Barker Avenue, 2nd Floor
White Plains, NY 10601
Phone: (914) 948-2240

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