Blog Post For : Second 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
Are you complying with the Second Department’s new requirement to hyperlink your digital brief to all case citations?
Under the newly-enacted Statewide Practice Rule 1250.9, one digital copy of every brief, appendix, or record on appeal must be filed in addition to the requisite paper copies. For e-filed cases, the digital copy is through NYSCEF; for other cases, the digital submission is sent through the court's website simultaneous to the paper filing. Unlike in the other three departments, the Second Department’s Technical Guidelines add a very significant mandatory element for all digital briefs: Bookmarking in Briefs: All electronically-filed briefs should contain bookmarks to the authorities cited in those briefs. Those bookmarks should take the reader to a copy of the…Read more
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