When the questions presented by an appeal can be determined without an examination of all the pleadings and proceedings, the parties may prepare and sign a statement showing how the questions arose and were decided in the court from which the appeal is taken and setting forth only so much of the facts averred and proved or sought to be proved as are necessary to a decision of the questions. The statement may also include portions of the transcript of the proceedings and other relevant matter. It shall include a copy of the judgment or order appealed from, the notice of appeal and a statement of the issues to be determined. Within twenty days after the appellant has taken his appeal, the statement shall be presented to the court from which the appeal is taken for approval as the record on appeal. The court may make corrections or additions necessary to present fully the questions raised by the appeal. The approved statement shall be printed as a joint appendix.
R 5527.Statement in lieu of record on appeal.
Article 55. Appeals Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 5527 lets parties who agree on the underlying facts prepare an agreed statement in place of a full record on appeal, subject to the reviewing court's approval, to cut the cost and bulk of appealing a narrow legal question.
Full Text of CPLR 5527
Plain-English Summary
Not every appeal needs the entire trial record. CPLR 5527 lets the parties, when the questions on appeal can be decided without examining every pleading and proceeding, prepare and sign a joint statement showing how those questions arose and were decided below, limited to the facts needed to resolve them. The statement can also include portions of the transcript and other relevant material, and must include a copy of the judgment or order appealed from, the notice of appeal, and a statement of the issues to be decided.
Within twenty days after the appeal is taken, the statement goes to the court the appeal came from for approval as the record on appeal; that court can add to or correct it so the questions raised are fully presented. Once approved, the statement is printed as a joint appendix, replacing the far larger and more expensive full record.
Frequently Asked Questions
Can I skip preparing a full record if my appeal only raises a narrow legal issue?
Potentially, yes. CPLR 5527 lets the parties prepare an agreed statement covering only the facts needed to decide the issues on appeal, in place of the full record, when the questions involved do not require examining every pleading and proceeding.
Does the court have to approve an agreed statement in lieu of the record?
Yes. CPLR 5527 requires the statement to be presented to the court from which the appeal is taken within twenty days after the appeal, and the court can make corrections or additions before approving it.
What has to be included in a statement in lieu of the record on appeal?
At minimum, a copy of the judgment or order appealed from, the notice of appeal, and a statement of the issues to be determined, along with the agreed facts and any relevant transcript excerpts the parties choose to include.
Does using a statement in lieu of the record require both parties to cooperate?
Yes. The statement is prepared and signed jointly, so it works best when the parties can agree on which facts and issues need to reach the appellate court.
How is a statement in lieu of the record used once it is approved?
Once the court from which the appeal is taken approves it, the statement is printed as a joint appendix and serves as the record on appeal in place of the full pleadings and proceedings.
Advisory Committee Notes
This rule is based upon Federal rule 76. While effective use of it requires the complete cooperation of all attorneys in the case, it may be used to advantage to save costs when the scope of the appeal is limited to a few questions which can be considered without the inclusion of the entire record on appeal. Cf. 1 Waltzinger, New Jersey Practice 115 (1954).
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: statement in lieu of record New Yorkagreed statement appeal CPLRshortened record on appeal NYCPLR 5527 statement in lieu