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Appellate Division First Judicial Department

What is the geographical jurisdiction of the First Judicial Department?

When and where must the Notice of Appeal be filed?

What must the Appellant's Brief contain?

What must the Respondent's Brief contain?

What must the Appellant's Reply Brief contain?

What are the page limits for Briefs?

How does the First Department Calendar a case for argument and or decision?





Q: What is the geographical jurisdiction of the First Judicial Department?

The First Department hears appeals from all courts located in Manhattan (New York County) and Bronx County.  The Court is located at 27 Madison Avenue.


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Q: When and where must the Notice of Appeal be filed?

The Notice of Appeal must be filed with the court of original jurisdiction and served upon the Adversary within 30 days after service of a copy of judgment or order appealed from with notice of entry.


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Q: What must the Appellant's Brief contain?

The Court mandates that an Appellant's brief contain a Table of Contents, Table of Authorities, Questions Presented, Nature of the Case, Argument, Conclusion and Statement Pursuant to CPLR 5531 or Pre-Argument Statement.


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Q: What must the Respondent's Brief contain?

A respondent's brief must contain Table of Contents, Table of Authorities, Counterstatement of the Questions Involved, or of the nature and facts of the case, if the respondent disagrees with the statement of the appellant and the Argument for the respondent.


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Q: What must the Appellant's Reply Brief contain?

A reply brief is Appellant's last word to the court before oral argument is scheduled.  A reply brief must contain a Table of Contents, Table of Authorities, Reply for the Appellant, without repitition of the arguments contained in the main brief.


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Q: What are the page limits for Briefs?

An appellant or respondent's brief is limited to 70 pages, 35 pages for a reply brief, including responsive brief to a respondent-cross-appellant's brief. A party seeking to file an oversized brief must obtain permission in advance. Permission is obtained by writing a letter to the Clerk of the Court and subnitting a copy of the proposed brief.



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Q: How does the First Department Calendar a case for argument and or decision?

Unlike the Second Department, the First Department calendars cases pursuant to term deadlines published by the court each year.  Cases are calendared pursuant to term deadlines only and the Court does not sit during the months of July and August.


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