N.Y. Comp. Codes R. & Regs. tit. 22 § 510.8

Current through Register Vol. 46, No. 36, September 4, 2024

Section 510.8 - Capital appeal management orders; issue identification by the parties

The following procedures shall apply in all capital appeals except those appeals taken pursuant to C PL 460.40(3) from an order of a superior court granting or denying a motion for a stay of execution.

(a) After receipt from the superior court of the case history required by section 510.6 of this Part, the Court of Appeals shall enter and forward to counsel for the parties an initial capital appeal management order or orders;

(1) determining defendant's request, if any, for items of poor person relief;

(2) establishing final dates for transcription and settlement, if necessary;

(3) establishing a deadline for filing the settled record on appeal in this court.

(4) for purposes of case management, requiring appellant's counsel to file periodically with the clerk of the Court of Appeals a progress report concerning the capital appeal.

(b) Appellant's counsel shall file, and respondent's counsel may file, a preliminary appeal statement in accordance with section 510.9 of this Part. Following either the filing of respondent's preliminary appeal statement or the expiration of respondent's time to so file, the Court of Appeals shall enter and forward to counsel for the parties a final capital appeal management order which shall:

(1) establish a briefing schedule for the appeal;

(2) state whether the appeal will proceed on the full reproduced record or on an appendix, as set forth in section 510.11 of this Part;

(3) for purposes of case management, require counsel to file periodically with the clerk of the Court of Appeals a progress report concerning the capital appeal; and

(4) establish a deadline by which all requests for amicus curiae relief must be noticed to be heard. Capital appeals shall receive a calendar preference. In the clerk's discretion, a capital appeal management conference may be scheduled prior to, or any time following, issuance of the initial capital appeal management order.

(c) For purposes of case management and public notice, appellant must file with the opening brief on appeal a separately bound issue identification statement listing, in point-heading format, all issues raised on the appeal. The Court of Appeals may direct the parties to brief and argue specific issues on the appeal.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 510.8