Appellate Terms, 2nd Department Adopt New Rules Regarding Reproduced Printed Records

Appellate Terms, 2nd Department Adopt New Rules Regarding Reproduced Printed Records

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{2:00 minutes to read} New Rules Relating to 2nd Judicial Department Appellate Terms Take Effect on January 1, 2020. 

The rules relating to the Appellate Terms of the Appellate Division, 2nd Department, formerly found in 22 NYCRR Parts 730, 731 and 732, were repealed on October 16, 2019. New rules were adopted and are outlined in 22 NYCRR Parts 730 and 731 and will be effective as of January 1, 2020. The appeals affected by the new rules are those in which a notice of appeal to one of the Appellate Terms is filed on or after January 1, 2020.

In some civil appeals, the parties are required to file a printed record; parties must file four reproduced, printed copies where all parties to a civil appeal are represented by counsel.

*Note that this requirement does not apply to appeals from Town and Village/Justice Courts.

Also, a copy of the record and briefs must be filed digitally on the court’s website. It is necessary to preregister on the website.

This is the first time that the Appellate Terms, presently the only appellate courts in which a printed record on any appeal is not mandated, will require a printed, reproduced record.  

Additionally, the time within which to perfect the appeal has been increased to six months from the filing of the notice of appeal. Currently, the appellant has 90 days from receipt of the original record by the Appellate Term in which to perfect its appeal. A copy of the order or judgment being appealed from and a completed “Request for Appellate Term Action” form (see here) must be filed by the appellant with the notice of appeal. 

Although not yet official, it is anticipated that the court will require that an e-brief be filed, as is the rule in the Appellate Division, 2nd Department.

The changes illustrate a trend towards uniformity between procedures in the Appellate Terms and the 2nd Department Appellate Division, by which they are governed. 

Contact us today if you need assistance. 

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

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