(a) Generally. Within twenty days after settlement of the transcript or after settlement of the statement in lieu of stenographic transcript or after approval of the statement in lieu of record, the appellant shall file with the clerk of the court to which the appeal is taken the record on appeal or statement in lieu of record, and the required number of copies of his brief, and shall also serve upon the adverse party three copies of his brief. The respondent shall file and serve a like number of copies of his brief within fifteen days after service of the appellant’s brief. The appellant may file and serve a like number of copies of a reply brief within ten days after service of the respondent’s brief.
R 5530.Filing record and briefs; service of briefs.
Article 55. Appeals Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 5530 sets the filing and service deadlines for the record on appeal and the parties' briefs, including a separate briefing schedule when both sides cross-appeal from the same judgment or order.
Full Text of CPLR 5530
(b) Upon Cross-Appeal. Unless the court to which the appeals are taken otherwise orders, where both parties take an appeal from the same judgment or order, the plaintiff, or appellant in the court from which the appeal is taken, shall file and serve his brief first. The answering brief shall be filed and served within fifteen days after service of the first brief and shall include the points and arguments on the cross-appeal. A reply brief shall be filed and served within fifteen days after service of the answering brief, and shall include answering points and arguments on the cross-appeal. A reply brief to the cross-appeal may thereafter be served and filed within ten days after the service of the reply to the first brief.
(c) Special Rules Prescribing Times for Filing and Serving Authorized The appellate division in each department may by rule applicable in the department prescribe other limitations of time different from those prescribed in subdivisions (a) and (b) for filing and serving records on appeal, or statements in lieu of records, and briefs in appeals taken therein.
Plain-English Summary
CPLR 5530(a) gives the appellant twenty days after the transcript (or statement in lieu of one) is settled, or the statement in lieu of record is approved, to file the record on appeal and the required copies of the appellant's brief with the court, and to serve three copies of that brief on the adverse party. The respondent then has fifteen days after service of the appellant's brief to file and serve an equal number of copies of the respondent's brief, and the appellant may file and serve a reply brief within ten days after that.
Subdivision (b) adjusts this sequence when both sides take an appeal from the same judgment or order: unless the appellate court orders otherwise, the plaintiff or the appellant in the court the appeal came from files and serves first, the answering brief (covering both the response and the cross-appeal's points) follows within fifteen days, a reply brief covering both appeals follows within another fifteen days, and a reply on the cross-appeal follows within ten days after that.
Subdivision (c) lets each Appellate Division department set its own filing and service deadlines by rule, different from the default periods in subdivisions (a) and (b), so practitioners need to check department-specific rules alongside the statute.
Frequently Asked Questions
How long do I have to file the record and my brief after the transcript is settled?
CPLR 5530(a) gives the appellant twenty days after the transcript (or statement in lieu of it) is settled, or the statement in lieu of record is approved, to file the record and required brief copies and serve the brief on the adverse party.
What is the briefing schedule when both parties cross-appeal from the same judgment?
CPLR 5530(b) has the plaintiff or original appellant file first, the answering brief (addressing both the main appeal and the cross-appeal) follow within fifteen days, a reply brief follow within another fifteen days, and a reply on the cross-appeal follow within ten more days, unless the court orders otherwise.
How much time does the respondent get to file a brief after the appellant's brief is served?
Fifteen days under CPLR 5530(a), with the appellant then getting ten days after that to file and serve any reply brief.
Do all Appellate Division departments use the same briefing deadlines?
Not necessarily. CPLR 5530(c) lets each department prescribe its own time limits for filing and serving records and briefs, different from the defaults in subdivisions (a) and (b).
How much time does the appellant get to serve a reply brief?
CPLR 5530(a) gives the appellant ten days after service of the respondent's brief to file and serve a reply brief, if the appellant chooses to submit one.
Advisory Committee Notes
This rule, patterned after New Jersey rule 1:7-12, establishes uniform time periods for the filing of the record on appeal and serving and filing of briefs. It replaces part of the last paragraph of CPA § 607-d, part of the RCP 230 and various appellate court rules dealing with serving and filing appeal briefs. See, e.g., Ct App Rules of Practice, Rule VII (20 days appellant, 10 days respondent, reply by permission only); App Div 1st Dept Rules, Rule VI (20 days appellant, 15 days respondent, 5 days reply); App Div 2d Dept Rules, Rule IX (same, except during summer); App Div 3d Dept Rules, Rule 13 (20 days before term at which case noticed for argument for appellant, 8 days before term for respondent, 3 days before term for reply); App Div 4th Dept Rules, Rule V (15 days after filing record for appellant, 5 days if on order calendar or 7 days if on general calendar for respondent, 5 days for reply).
There appears to be no reason for the different time provisions of those rules; the uniform provisions of this rule should aid in simplifying appeals practice.
As used in this rule, the word “brief” includes appendix. See rule 5528(a). A joint appendix should be filed at the same time as the appellant’s brief. See rule 5528(d). If a party does not comply with the time requirements of this rule, he may apply for additional time within which to do the required acts under § 5520(a).
When a cross-appeal is involved, this rule establishes the procedure to be followed unless the appellate court otherwise orders. In such a situation the procedure must necessarily be different from that on an ordinary appeal. For example, since the reply brief to the first appeal contains the answering points on the cross-appeal, fifteen days are allowed for its service. And, in order to establish the sequence of service of the combined briefs, the plaintiff or the appellant in the court below is required to file the record on appeal and file and serve his brief first. The number of copies of the brief to be served and filed is the same under both subd (a) and (b).
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: briefing schedule New York appealfiling deadlines appellate brief NYcross-appeal briefing order CPLRCPLR 5530 filing record and briefs