(a) Appellant’s Brief and Appendix. The brief of the appellant shall contain in the following order: 1. a table of contents, which shall include the contents of the appendix, if it is not bound separately, with references to the initial page of each paper printed and of the direct, cross, and redirect examination of each witness; 2. a concise statement, not exceeding two pages, of the questions involved without names, dates, amounts or particulars, with each question numbered, set forth separately and followed immediately by the answer, if any, of the court from which the appeal is taken; 3. a concise statement of the nature of the case and of the facts which should be known to determine the questions involved, with supporting references to pages in the appendix; 4. the argument for the appellant, which shall be divided into points by appropriate headings distinctively printed; and 5. an appendix, which may be bound separately, containing only such parts of the record on appeal as are necessary to consider the questions involved, including those parts the appellant reasonably assumes will be relied upon by the respondent; provided, however, that the appellate division in each department may by rule applicable in the department authorize an appellant at his election to proceed upon a record on appeal printed or reproduced in like manner as an appendix, and in the event of such election an appendix shall not be required.
R 5528.Content of briefs and appendices.
Article 55. Appeals Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 5528 dictates what must appear in an appellant's, respondent's, and reply brief and appendix -- a table of contents, the questions involved, a statement of facts, argument, and a supporting appendix -- and lets the court impose costs for noncompliance.
Full Text of CPLR 5528
(b) Respondent’s Brief and Appendix. The brief of the respondent shall conform to the requirements of subdivision (a), except that a counterstatement of the questions involved or a counterstatement of the nature and facts of the case shall be included only if the respondent disagrees with the statement of the appellant and the appendix shall contain only such additional parts of the record as are necessary to consider the questions involved.
(c) Appellant’s Reply Brief and Appendix. Any reply brief of the appellant shall conform to the requirements of subdivision (a) without repetition.
(d) Joint Appendix. A joint appendix bound separately may be used. It shall be filed with the appellant’s brief.
(e) Sanction. For any failure to comply with subdivision (a), (b) or (c) the court to which the appeal is taken may withhold or impose costs.
Plain-English Summary
CPLR 5528(a) lays out, in order, what the appellant's brief must contain: a table of contents covering the appendix if it is bound separately, a concise statement (no more than two pages) of the questions involved, numbered and followed by the court below's answer to each, a concise statement of the case and the facts needed to decide those questions with references to the appendix, the argument itself divided into points with headings, and an appendix containing the record excerpts needed to address the questions, including material the appellant expects the respondent to rely on. Some Appellate Division departments allow a full reproduced record to substitute for a separate appendix.
Subdivision (b) requires the respondent's brief to follow the same format, adding a counterstatement of the questions or facts only where the respondent disagrees with the appellant's version, and limiting the respondent's appendix to whatever additional record material is needed. Subdivision (c) applies the same structure to any reply brief, and subdivision (d) allows a joint appendix, filed with the appellant's brief, when the parties choose to combine their efforts.
Subdivision (e) gives the court a real enforcement tool: it may withhold or impose costs against a party who fails to comply with the content requirements of subdivisions (a), (b), or (c), which is often the more practical consequence than an outright rejection of the brief.
Frequently Asked Questions
What sections does my appellate brief need to include?
CPLR 5528(a) requires a table of contents, a concise statement of the questions involved (with the court below's answers), a statement of the case and relevant facts, the argument divided by headings, and a supporting appendix.
Can the court penalize me for an appendix or brief that does not follow CPLR 5528?
Yes. Subdivision (e) lets the court withhold or impose costs for failing to comply with the content requirements in subdivisions (a), (b), or (c).
Does the respondent's brief need a separate statement of facts?
Only if the respondent disagrees with the appellant's version. CPLR 5528(b) requires a counterstatement of the questions or facts only where the respondent takes issue with the appellant's statement.
What is a joint appendix and can I use one?
A joint appendix is a single appendix shared by both parties, and CPLR 5528(d) allows it to be filed, bound separately, along with the appellant's brief.
How long can the statement of questions involved be in my brief?
CPLR 5528(a) limits it to no more than two pages, with each question numbered and stated without names, dates, amounts, or other particulars.
Advisory Committee Notes
This rule is new. It is patterned after proposals which were under consideration by the Judicial Council (see 11 NY Jud Council Rep 420–433 (1945)) and New Jersey rules 1:7-1, 1:7-3, 1:7-4 and 1:7-5. Neither the civil practice act, the rules of civil practice nor the rules of the various appellate courts detailed the contents of an appeal brief.
Subd (a) of this rule states what the appellant’s brief shall contain. The table of contents required by subparagraph 1 is similar to the index required for the record on appeal by former rule 235 of the rules of civil practice. RCP 235 required that the index state the contents or nature of each exhibit and contain a reference to the pages where a motion for a dismissal of the complaint or for the direction of a verdict appeared. That specification has been omitted from this rule. Subparagraph 2 requires a concise statement of the questions involved in the appeal. The Judicial Council reports that in other jurisdictions this requirement has tended to simplify and shorten the printed record and to lessen the work of the appellate courts. 11 NY Jud Council Rep 433 (1945). The court rules of the United States Supreme Court and many of the United States Circuit Courts of Appeal contain such a requirement. See, e.g., US Sup Ct Rules, Rule 40(1)(d)(1); 3d Cir Ct App Rules, Rule 24(2)(b); 4th Cir Ct App Rules, Rule 10(2)(b). Subparagraph 3 requires a concise statement of the nature of the case and of the facts which should be known to determine the questions involved. The court rules of the United States Supreme Court and many of the United States Courts of Appeals also contain this requirement. See, e.g., US Sup Ct Rules, Rule 40(1)(e); 1st Cir Ct App Rules, Rule 25(3)(d); 8th Cir Ct App Rules, Rule 11(b)(3). Subparagraph 4 is taken verbatim from the first sentence of subd (e) of New Jersey rule 1:7-1. Subparagraph 5 requires the appellant to print not only those parts of the record upon which he relies but also those upon which he assumes the respondent will rely to meet the issues raised. Experience has shown that in a substantial percentage of cases this procedure has worked so well that the respondent has found it unnecessary to print any part of the record as an appendix to his brief. See 11 NY Jud Council Rep 425 (1945). The last sentence of subparagraph 5 is similar to a part of rule 232 of the rules of civil practice.
Subd (b) and (c) require that the respondent’s brief and the appellant’s reply brief, if any, be prepared in the same manner as the appellant’s brief under subdivision (a). Under subd (b) the respondent may make a counterstatement of the questions involved and a counterstatement of the facts if he disagrees with the statements of the appellant. The respondent may also print an appendix if he wishes the court to read additional parts of the record not included in the appellant’s appendix.
Subd (d) is intended to encourage use of a joint appendix by the parties to an appeal. Such an appendix should reduce printing costs.
The provision of subd (e) includes the power to withhold or impose costs if unnecessary parts of the record are printed; it applies to the respondent’s brief and to the appellant’s main and reply briefs. No such sanction is required for rule 5529 because the clerk of the court may enforce that rule by refusing to accept a brief or appendix which fails to comply. Whether this rule has been violated could only be determined by the appellate court itself after it had considered the appeal.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963; amd, L 1963, ch 730, 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: appellate brief requirements New Yorkcontent of appellant's brief CPLRappendix requirements New York appealCPLR 5528 briefs and appendices