NEW YORK STATE APPELLATE DIVISION, THIRD DEPARTMENT: Understanding Rule 800.8(a)

Linda H. Champlin Over the years, I have been asked hundreds of times to clarify the section of Rule 800.8(a) which states …“briefs shall not exceed the following limitations: petitioner’s or appellant’s brief, 50 printed or 70 typewritten pages; respondent’s brief, 25 printed or 35 typewritten pages; reply brief, 10 printed or 15 typewritten pages; supplemental pro se brief filed pursuant to section 800.14(a) of this Part and amicus curiae brief, 25 printed or 35 typewritten pages.”

In the past, an attorney had two ways to prepare an appellate brief – a printed/computerized typeset one or a reproduced/typewritten one. With a printed/computerized typeset brief, the body of type on each page could not exceed 7 1/6 by 4 1/6 inches. This gave the Court ample space in the margins for notations; it also resulted in 20-30% fewer pages than that of a typewritten brief. In a reproduced/typewritten brief, the Court required that one inch margins be maintained on all four sides, a rule which still applies today.

The Appellate Division, Third Department no longer accepts printed briefs. Rule 800.8(a) has not been amended to reflect that change.

Simply put, for an appellant’s or petitioner’s brief, you are allowed up to 70 pages of text; a respondent’s brief, 35 pages of text; a reply brief, 15 pages of text, and a supplemental pro se brief (filed pursuant to § 800.14(a) of this Part) and an amicus curiae brief, 35 pages of text. Also noteworthy is that the Appellate Division, Third Department is the only Appellate Division that limits a respondent’s brief to 35 pages and a reply brief to 15 pages.

Please contact me or any other team member with questions and assistance in preparing and filing an appeal. Counsel Press is the only appellate services provider to offer same-day filing and service for matters filing in the Appellate Division, Third Judicial Department and the New York State Court of Appeals without special conditions or charges to you, our client.

Tagged: Appellate Practice, New York State Appellate Division Third Department, Litigation, Appellate Procedure


 
 

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