Brief and Appendix Deficiencies in the Appellate Division

The Appellate Division Clerk's office will be continuing its review of merits briefs and appendices for compliance with the Court Rules. If deficiencies are found, the brief and appendix will not be filed and the attorney will be notified to correct the deficiencies. If any one of the following nine deficiencies is not corrected within ten days of notification, the appeal will be subject to dismissal if the deficiency is by the appellant, or the brief subject to suppression if by the respondent:

1. No separate procedural history with references to the appendix. R. 2:6-2, R. 2:6-4.

2. No separate statement of facts (optional for respondent) with references to the appendix and transcript. R. 2:6-2, R. 2:6-4.

3. No chronological listing in the appellant's brief of the dates of the various volumes of the transcript and their numbered designations (i.e., 1T, 2T, etc.) and/or transcript references (in any brief) which do not include the numbered designations.

4. Pages of the brief contain more than 26 double-spaced lines, more than 65 characters (including spaces) per line and/or type of less than 10-pitch or 12-point. R. 2:6-10. (Many computers come with a default font which does not comply with the rule.)

5. No table of contents to the appendix listing each document, with attachments separately identified. R. 2:6-1. (Each volume of a separately bound appendix must be prefaced with the table of contents.)

6. Principal pleadings missing from the appendix. R. 2:6-1.

7. Each page of the appendix not numbered consecutively. R. 2:6-1.

8. Brief or appendix illegible. R. 2:6-10.

9. Brief or appendix improperly bound or stapled. R. 2:6-10.

Failure to include adequate references in the procedural history or statement of facts may be cause for dismissal of the appeal or suppression of the brief whenever discovered, even if after scheduling of the appeal for oral argument or submission without argument.

Sylvia B. Pressler
Presiding Judge for Administration
Dated: October 25, 2000
Appellate Division

Notices to the Bar