| The Appellate Division, First and Second Departments adopted new rules for the number of pages, page size, number of words and typeface sizes for briefs created with Computer word processing systems (effective January l, 2004). First Department Page Size and Number of Words Principal Brief - May not exceed 70 pages or 14,000 words. Reply briefs - May not exceed 35 pages or 7,000 words. The calculation of the length of a brief does not include the table of contents, tables of citations and any authorized addendum containing statutes, rules, regulations, etc. An application for permission to file an oversize brief may be made by letter that demonstrates with specificity good cause for the oversize submission and asserts that the brief has been edited for conciseness and to eliminate repetition. A copy of the proposed brief must be submitted with the letter. 22 NYCRR 600.10(d)(1) Typeface and Size of Type Briefs must be in clear serified, proportionally space typeface (such as times new roman), or serified monospaced typeface (such as courier). Proportionally spaced typeface can not be less than 14-point size. Footnotes must be in type of no less than 12-point size. Headings, must be in type no greater than 15-point size. Monospaced typeface can not be less than 12-point size Footnotes may be in type no less than 10-point size. Headings may be in type no greater than 14-point size. See 22 New York Code Rules and Regulations ' 600.10(a)(3). Required Printing Specifications Statement A brief prepared on a computer must include at the end of the brief a printing specifications statement that specifies the processing system, typeface, point size and word count as calculated by the processing system used to prepare the brief. 22 NYCRR 600.10(d)(1)(v) Second Department Page Size and Number of Words Main briefs - May not exceed 14,000 words Reply briefs - May not exceed 7,000 words. The calculation of the length of a brief includes point headings and footnotes, but does not include the table of contents, table of citations, proof of service, certificate of compliance, or any authorized addendum containing statutes, rules, regulations, etc. 22 New York Code Rules and Regulations ' 670.10.3 (a)(3) Computer-generated and typewritten briefs must have margins of one inch on all sides of the page. Text must be double-spaced, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single-spaced. Pages must be numbered consecutively in the center of the bottom margin of each page. 22 New York Code Rules and Regulations ' 670.10.3 An application for permission to file an oversized brief is made to the clerk by letter stating the number of words or pages by which the brief exceeds the limits and the reasons why submission of an oversize brief is necessary. The letter must be accompanied by a copy of the proposed brief, including a certificate if required by subdivision (f) of 22 New York Code Rules and Regulations ' 670.10.3 to the effect that the brief is in all other respects compliant with this section. The determination of the clerk may be reviewed by motion to the court on notice in accordance with section 670.5 of 22 New York Code Rules and Regulations ' 670. 22 New York Code Rules and Regulations ' 670.10.3 (e) Typeface and Size of Type Briefs prepared on a computer must be printed in either a serifed, proportionally spaced typeface (such as Times Roman), or a serifed, monospaced typeface (such as Courier). Narrow or condensed typefaces and/or condensed font spacing may not be used. Except in headings, words may not be in bold type or type consisting of all capital letters. 22 New York Code Rules and Regulations ' 670.10.3 (a) Proportionally spaced typeface - must be printed in 14-point type. However, footnotes may be printed in type of no less than 12 points. 22 New York Code Rules and Regulations ' 670.10.3 (a)(1) Monospaced typeface - must be printed in 12-point type containing no more than 10 2 characters per inch. However, footnotes may be printed in type of no less than 10 points. 22 New York Code Rules and Regulations ' 670.10.3 (a)(2) Required Printing Specifications Statement Every brief, except those that are handwritten, must have at the end a certificate of compliance with 22 New York Code Rules and Regulations ' 670.10.2, stating that the brief was prepared either on a typewriter, a computer, or by some other specified means. If the brief was prepared on a computer, the certificate must specify the name of the typeface, point size, line spacing, and word count. A party preparing the certificate may rely on the word count of the processing system used to prepare the brief. The signing of the brief in accordance with section 130-1.1-a(a) of 22 NYCRR is deemed the signer's representation of the accuracy of the certificate of compliance. 22 New York Code Rules and Regulations ' 670.10.3 (f) Examples of Type faces This is Times New Roman, a 14-point, proportional (and "serifed") typeface. This is a Courier New, a 12-point, monospaced (and "serifed") typeface . This is Ariel, a 12-point, non-serifed typeface which may not be used.The 1998 Amendments to the Advisory Committee Notes to the Federal Rules of Appellate Procedure Rule 32, 28 U.S.C.A., explain the differences in the typefaces. They state: A proportionally-spaced typeface gives a different amount of horizontal space to characters depending upon the width of the character. A capital "M" is given more horizontal space than a lower case "i". The rule requires that a proportionally-spaced typeface have serifs. Serifs are small horizontal or vertical strokes at the ends of the lines that make up the letters and numbers. Studies have shown that long passages of serif type are easier to read and comprehend than long passages of sans-serif type. The rule accordingly limits the principal sections of submissions to serif type although sans-serif type may be used in headings and captions. This is the same approach magazines, newspapers, and commercial printers take. Look at a professionally printed brief; you will find sans-serif type confined to captions, if it is used at all. The next line shows two characters enlarged for detail. The first has serifs, the second does not. Y Y A monospaced typeface is one in which all characters have the same advance width. That means that each character is given the same horizontal space on the line. A wide letter such as a capital "M" and a narrow letter such as a lower case "i" are given the same space. Most typewriters produce mono-spaced type, and most computers also can do so using fonts with names such as "Courier." This sentence is in a proportionally spaced font; as you can see, the m and i have different widths. This sentence is in a monospaced font; as you can see, the m and i have the same width. |