The Appellate Division, First Department June 25, 2021 Update

The Appellate Division, First Department June 25, 2021 Update

(2 minutes to read)

Today, I would like to talk about the most recent update released June 25, 2021, by the Appellate Division, First Department. The highlight of the update is that starting with the September 2021 term, in addition to electronic filing, attorneys will have to submit the original and one copy (for a total of two hard copies) of records, appendices, and briefs. However, the filing of paper copies with the court shall be delayed until the clerk has reviewed and approved the electronic submission. Only then will the hard copies be filed within two business days of the notification from the clerk of the court.

All motions and original proceedings will continue to be filed in digital format either via NYSCEF or the Digital Submission Portal.

Another important point is that the court will begin accepting briefs with hyperlinks, on a voluntary basis. If you decide to submit your brief with hyperlinks, you must make sure that you are citing primary authorities (constitution, case law, statutes, and rules and regulations) which are available on Westlaw, Lexus, or state/federal government websites. Citations to the secondary and other sources should not be hyperlinked and citations (with or without hyperlinks) should be in standard citation form.

Also, starting with the September 2021 Term, the Appellate Division, First Department plans to hold oral arguments in person at the courthouse located at 27 Madison Avenue, New York, NY on Tuesdays, Wednesdays, and Thursdays at 2 PM, and if necessary, on Fridays at 10 AM. 

When appearing for oral argument, all persons will be subject to the COVID-19 screening and temperature checks. When entering the courthouse, all visitors shall wear masks or facial coverings and comply with the social distancing guidelines and directives of the court officers.

The request for oral argument shall be made on the cover of the brief, and at a later point, the court will determine if an additional oral argument request shall be emailed.

We are watching closely as New York is coming back to life after the unprecedented year and a half of the pandemic crisis. We will keep you posted on any updates within the court system.

The information contained in this blog is provided for informational purposes only. This information should not be construed as legal advice on any subject matter. You should not act or refrain from acting on the basis of any content included in this blog without seeking legal or other professional advice. 

Nikolina Gurfinkel

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

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