§ 5530. Filing record and briefs; service of briefs.
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Rule 5530. Filing record and briefs; service of briefs.
(a)Generally.
Within twenty days after settlement of the transcript or after
settlement of the statement in lieu of stenographic transcript or after
approval of the statement in lieu of record, the appellant shall file
with the clerk of the court to which the appeal is taken the record on
appeal or statement in lieu of record, and the required number of copies
of his brief, and shall also serve upon the adverse party three copies
of his brief. The respondent shall file and serve a like number of
copies of his brief within fifteen days after service of the appellant's
brief. The appellant may file and serve a like number of copies of a
reply brief within ten days after service of the respondent's brief.
(b)Upon cross-appeal. Unless the court to which the appeals are taken
otherwise orders, where both parties take an appeal from the same
judgment or order, the plaintiff, or appellant in the court from which
the appeal is taken, shall file and serve his brief first. The answering
brief shall be filed and served within fifteen days after service of the
first brief and shall include the points and arguments on the
cross-appeal. A reply brief shall be filed and served within fifteen
days after service of the answering brief, and shall include answering
points and arguments on the cross-appeal. A reply brief to the
cross-appeal may thereafter be served and filed within ten days after
the service of the reply to the first brief.
(c)Special rules prescribing times for filing and serving authorized.
The appellate division in each department may by rule applicable in the
department prescribe other limitations of time different from those
prescribed in subdivisions
(a)and
(b)for filing and serving records on
appeal, or statements in lieu of records, and briefs in appeals taken
therein.