Respondent Briefs: Rules About Calendars and Contents

Respondent Briefs: Rules About Calendars and Contents

Respondent Briefs: Rules About Calendars and Contents by Liza Bobo

{1:31 minutes to read} When an appellate brief is filed in the Appellate Division, 1st and 2nd Departments, the respondent is given the opportunity to file a brief in response. The respondent’s brief replies to the arguments for appeal that have been made in the appellate brief and sets forth the respondent’s own arguments. Both the appellate and respondent briefs must adhere to the Appellate Division, 1st and 2nd Department rules about content and scheduling.

The respondent brief should:

  • Describe the nature and facts of the case and the questions that are involved;
  • Include a table of contents and a table of authorities;
  • Be divided into clear sections and points with clear headings;
  • Use the proper font size; and
  • Adhere to the court’s strict guidelines about word count. The maximum is 14,000 words, so if you have 14,010 or even 14,001 words, you need to cut words and make your arguments more succinct. Otherwise, the brief will be rejected.

Timing is also key. For example, in order to get an appeal scheduled for the Appellate Division First Department, November term, the respondent’s papers are due no later than October 5, 2016. If you would like more detailed information related to the Court’s Calendar dates in the Appellate Division First Department, please contact me. The Appellate Division Second Department calculates due dates for briefs differently; for more information on this court, please contact me.

If you have any questions, please contact Liza Bobo at Appellate Innovations.

Liza Bobo

 

Liza Bobo
APPELLATE INNOVATIONS

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

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