14 Aug Rules of Practice Amended: Supplemental Records (Appellate Division, Second Department)
(1:30 minute to read) On June 12, 2019, the Second Department amended its Rules of Practice to address the filing of supplemental records.
Section 370.7, added to the Court’s Local Rules of Practice by the amendment, sets forth and makes clear that the submission of a supplemental record cannot be used to enlarge the Record on Appeal by stipulation of the parties.
A supplemental record shall only be accepted for filing where:
(1) an order of this Court permits or directs its filing, or
(2) where the parties stipulate that the supplemental record contains material which is properly part of the Record on Appeal, as that term is defined by statute and rule, but which was inadvertently omitted from the document entitled “Record on Appeal” which was initially filed with the Court.
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