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This entry was published on 2014-09-22
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SECTION 5528
Content of briefs and appendices
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 55
Rule 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.