Page 1
Page 2
1
3/8/05
Commentary on The Rules of Practice
of the Court of Appeals
22 NYCRR part 500, Effective September 1, 2005
A. Structure
The Rules of Practice of the Court of Appeals apply to civil and noncapital
criminal appeals, motions, criminal leave applications and certified questions from the
Supreme Court of the United States, United States courts of appeal and state courts of
last resort.
The Court of Appeals recently rescinded in its entirety 22 NYCRR part 500 and
approved a new part 500 which will be effective September 1, 2005. In addition to
reflecting substantive changes and additions to the old Rules of Practice, the new Rules
are organized into broad categories to eliminate duplication and provide a more logical
sequence. New Rules 500.1 through 500.8 set out requirements applicable to all filings
under these Rules. New Rules 500.9 through 500.19 relate to civil and noncapital
criminal appeals. New Rule 500.20 contains procedures concerning criminal leave
applications. Motions are addressed in new Rules 500.21 through 500.24. Orders to
show cause, the Primary Election Session and certified questions are addressed in new
Rules 500.25, 500.26 and 500.27, respectively. Finally, old Rule 500.13, relating to real
property actions, was deleted as unnecessary.
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2
B. General Requirements
500.1 General Requirements [Old Rule 500.1]
New Rule 500.1 states the general requirements for papers submitted to the
Court of Appeals. The Rule generally applies to "papers filed," which is defined in
section 500.1(b) as all briefs, papers filed pursuant to sections 500.10 (Examination of
Subject Matter Jurisdiction) and 500.11 (Alternative Procedure for Selected Appeals),
motion papers and appendices. The typeface and font requirements match those
recently adopted by the Appellate Division Departments following repeal of the portion
of CPLR 5529 that set out specifications for such matters.
New Rule 500.1(h) informs self-represented litigants that illegibl
Page 1
Page 2
1
3/8/05
Commentary on The Rules of Practice
of the Court of Appeals
22 NYCRR part 500, Effective September 1, 2005
A. Structure
The Rules of Practice of the Court of Appeals apply to civil and noncapital
criminal appeals, motions, criminal leave applications and certified questions from the
Supreme Court of the United States, United States courts of appeal and state courts of
last resort.
The Court of Appeals recently rescinded in its entirety 22 NYCRR part 500 and
approved a new part 500 which will be effective September 1, 2005. In addition to
reflecting substantive changes and additions to the old Rules of Practice, the new Rules
are organized into broad categories to eliminate duplication and provide a more logical
sequence. New Rules 500.1 through 500.8 set out requirements applicable to all filings
under these Rules. New Rules 500.9 through 500.19 relate to civil and noncapital
criminal appeals. New Rule 500.20 contains procedures concerning criminal leave
applications. Motions are addressed in new Rules 500.21 through 500.24. Orders to
show cause, the Primary Election Session and certified questions are addressed in new
Rules 500.25, 500.26 and 500.27, respectively. Finally, old Rule 500.13, relating to real
property actions, was deleted as unnecessary.
Page 3
2
B. General Requirements
500.1 General Requirements [Old Rule 500.1]
New Rule 500.1 states the general requirements for papers submitted to the
Court of Appeals. The Rule generally applies to "papers filed," which is defined in
section 500.1(b) as all briefs, papers filed pursuant to sections 500.10 (Examination of
Subject Matter Jurisdiction) and 500.11 (Alternative Procedure for Selected Appeals),
motion papers and appendices. The typeface and font requirements match those
recently adopted by the Appellate Division Departments following repeal of the portion
of CPLR 5529 that set out specifications for such matters.
New Rule 500.1(h) informs self-represented litigants that illegibl