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Civil Practice Laws & Rules 5528

CPLR 5528: Contents of briefs and appendices



CPLR 5528

Content of briefs and appendices


(a) Appellant's brief and appendix.


The brief of the appellant shall contain in the following order:


1. a table of contents, which shall include the contents of the appendix, if it is not bound separately, with references to the initial page of each paper printed and of the direct, cross, and redirect examination of each witness;


2. a concise statement, not exceeding two pages, of the questions involved without names, dates, amounts or particulars, with each question numbered, set forth separately and followed immediately by the answer, if any, of the court from which the appeal is taken;


3. a concise statement of the nature of the case and of the facts which should be known to determine the questions involved, with supporting references to pages in the appendix;


4. the argument for the appellant, which shall be divided into points by appropriate headings distinctively printed; and


5. an appendix, which may be bound separately, containing only such parts of the record on appeal as are necessary to consider the questions involved, including those parts the appellant reasonably assumes will be relied upon by the respondent; provided, however, that the appellate division in each department may by rule applicable in the department authorize an appellant at his election to proceed upon a record on appeal printed or reproduced in like manner as an appendix, and in the event of such election an appendix shall not be required.


(b) Respondent's brief and appendix.


The brief of the respondent shall conform to the requirements of subdivision (a), except that a counterstatement of the questions involved or a counterstatement of the nature and facts of the case shall be included only if the respondent disagrees with the statement of the appellant and the appendix shall contain only such additional parts of the record as are necessary to consider the questions involved.


(c) Appellant's reply brief and appendix.


Any reply brief of the appellant shall conform to the requirements of subdivision (a) without repetition.


(d) Joint appendix.


A joint appendix bound separately may be used. It shall be filed with the appellant's brief.


(e) Sanction.


 For any failure to comply with subdivision (a), (b) or (c) the court to which the appeal is taken may withhold or impose costs.




This section of the Civil Practice Law and Rules is provided as part of a free educational service by J. Douglas Barics, attorney at law for reference only. Statutes and codes such as CPLR 5528 are frequently amended, and no representation is made that the above version of CPLR 5528 is current. Updated statutes and codes may be available at the New York State Legislature Website. No statute should be relied on without understanding controlling case law which may further interpret it. An attorney should be consulted for legal advice.


If you have any questions or comments, please feel free to contact Mr. Barics at lawyer@jdbar.com or (631) 864-2600. For more articles and information, please visit www.jdbar.com.


J. Douglas Barics, Esq. – Divorce, family, matrimonial, trial and appeals lawyer in Long Island, New York



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