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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. |
