Vital Child Custody Appeals Rule Expanded
A cardinal rule of appeals it that the record on appeal contains only documents that were before the trial court, and counsel may not refer to matters outside the record. In fact, attorneys who report new developments at oral argument may be rebuked. However, there are exceptions to the general rule.
October 24, 2024 at 10:00 AM
17 minute read
A cardinal rule of appeals it that the record on appeal contains only documents that were before the trial court, and counsel may not refer to matters outside, or "dehors," the record (see Citibank, N.A. v Kerszko, 203 AD3d 42, 53 [2d Dept. 2022]). After all, the appeal is about reviewing what already transpired, not redoing the trial proceedings. Therefore, practitioners often successfully move to strike offending matters from outside the record that are improperly included in records, briefs or appendices (see e.g. West 125th St. Realty LLC v Chosen Realty Corp., 227 AD3d 431, 432 [1st Dept 2024]).
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