Section 5530. Filing record and briefs; service of briefs  


Latest version.
  • (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.