A recent article on cross-appeal strategy by two retired Appellate Division judges gives good advice to attorneys confronting trial judgments with potential errors on both sides of the case. (“Does it matter which side files an appeal first?” at 227 N.J.L.J. 1050; April 26, 2021). The article points out that the appellant is responsible for obtaining and submitting trial transcripts; that the expense can be in the thousands of dollars; and that absent motion practice, a respondent/cross-appellant can receive, use and rely upon the submitted transcript without cost.

Although transcript cost was not one of the more significant matters the article discusses as to whether to file first or cross-appeal, it did strike us as unfair. Why shouldn’t the parties share the cost of a trial transcript on cross-appeals? It is certainly not because the appellant has more need for the transcript than the respondent/cross-appellant. The appeal may be based upon a narrow but important issue of law; the cross-appeal may require consulting the transcript to review fact-findings.

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