Blog Post For : third department
Requesting Oral Argument: Procedural Aspects in the New York Appellate Division
It may not be the most glamorous of topics to discuss, but the procedural requirements of requesting oral argument for your appeal are important to keep in mind in light of the new Statewide Practice Rules for the New York Appellate Division implemented on September 17, 2018. As you work on preparing a brief for filing with the court, your assumptions regarding oral argument may not necessarily be in line with the new rules. Here are a few basics to keep in mind: How do I request time for oral argument on my appeal? Rule 1250.8(a) states that the upper…Read more
Letter Applications to the Appellate Division: How to File Them
Under the newly implemented Statewide Practice Rules which came into effect on September 17, 2018, enlargements of time to perfect appeals and to file respondent's or reply briefs may be done by letter application to the court (or by stipulation of the parties). Appellants may seek 60 additional days to perfect the appeal on a first request and 30 days on a second request. In the Second, Third and Fourth Departments, respondents may seek two separate 30-day enlargements of time to file their briefs, and appellants may seek two separate 10-day enlargements to file the reply brief. Since the rules…Read more
- Journey Into the Digital Age of Appellate Division Practice: An Exploration of 2018 Rule Developments
- Unavailability for Oral Argument Dates in the Appellate Division, First and Second Departments: What to Do
- Not So Fast! California Appellate Courts’ TrueFiling 3.0 Upgrade is on Hold for All Courts but Two.
- TrueFiling 3.0 is Coming to the California Appellate Courts. Get Ready to Upgrade.
- FRAP Rule Amendment: You now have 21 days, up from 14 days, to file a Reply Brief in Federal Court