RULE 30. APPENDIX TO THE BRIEFS
(a) Duty of Appellant to Prepare and File; Contents of Appendix; Time for Filing; Number of Copies. Only items actually in the record may be included in the appendix. A signature on the brief, under Rule 28, certifies compliance with this rule. Unless filing of the appendix is deferred under subdivision (c), the appellant shall serve and file an appendix with the appellant's brief. The appendix must be separately bound and contain a table of contents, with page references, and only the following relevant portions of the lower court record:
(a) Appellant's Responsibility.
(1) Contents of the Appendix. Only items in the record may be included in the appendix. The author's signature on the brief, under Rule 32, certifies compliance with this rule. The appellant must prepare and file an appendix to the briefs containing only the following relevant portions of the lower court record:
1. (A) the docket sheet of the lower court, and agency docket sheet when an appeal is taken under the Administrative Agencies Practice Act; 2. (B) the indictment, information, or complaint, as amended; 3. (C) the answer, counterclaim, cross claim, and replies; 4. (D) parts of any pre-trial order relevant to the issues on appeal; 5. (E) any supporting memorandum of decision, findings of fact and conclusions of law filed or delivered orally by the court; 6. (F) the judgment, order, or decision in question; 7. (G) any other orders to be reviewed; 8. (H) the instruction in question, if the correctness of a jury instruction is in issue, and any other relevant part of the jury charge; 9. (I) the notice of appeal; 10. (J) any other relevant parts of the record, including portions of the transcript, to which the particular attention of the court is invited. Unless they have independent relevance, briefs of the parties in the trial court should not be included in the appendix. The fact that parts of the record are not included in the appendix does not preclude the parties or the court from relying on those parts.
(2) Excluded Material. District court briefs of the parties should not be included in the appendix unless they have independent relevance. Parts of the record may be relied on by the court or the parties even though not included in the appendix.
Eight copies of the appendix must be filed with the clerk, and one copy must be served on counsel for each party separately represented, unless the court by rule or order directs otherwise.
(3) Time to File; Number of Copies. Unless filing is deferred under subdivision (c), the appellant must file 8 copies of the appendix with the brief and must serve one copy on counsel for each party separately represented. The court may in a particular case require the filing or service of a different number.
(b) Option of Appellee or Cross-Appellant to Serve and File Appendix; Cost of Producing. The parties are encouraged to agree as to the contents of a single appendix. If an appellee or cross-appellant deems it necessary to direct the attention of the court to parts of the record not included in the appellant's appendix, a separate appendix may be served and filed with the appellee's brief. If an appellee or cross-appellant prepares an appendix, eight copies must be filed with the clerk, and one copy must be served on counsel for each party separately represented, unless the court by rule or order directs otherwise. Only items specified in subdivision (a) that have not been included in the appellant's appendix
, may be included in the appellee's or cross-appellant's appendix.
(c) Deferred Filing. The court, on motion, may defer preparation of the appendix until after service and filing of the appellee's brief. If a deferred appendix is authorized, references in the briefs must be to the docket number for the parts of the record involved. If preparation and filing of the appendix is thus deferred, the appellant must prepare the appendix. The appendix must contain the documents required under subdivision (a) and other parts of the record cited in the appellant's or appellee's brief. The appendix must be served and filed within 21 days after service of the appellee's brief.
(d) Arrangement of the Appendix and Table of Contents. The table of contents must be located in the beginning of the appendix, and the table must be arranged in the same order as parts of the record appear in the appendix. The table must indicate the page in the appendix where each item is located, and the page number for any portion of the transcript included in the appendix. The docket sheet of the lower court must immediately follow the table of contents. The remainder of the appendix must be arranged in the same order as the docket entries. An appendix more than 50 pages long may be prepared with double-sided copies.
(d) Format of the Appendix. The appendix must begin with a table of contents identifying the page at which each part begins. The table of contents must be arranged in the same order as parts of the record appear in the appendix. The docket sheet of the lower court must immediately follow the table of contents. The remainder of the appendix must be arranged in the same order as the docket entries. When pages from the transcript of proceedings are placed in the appendix, the table of contents must indicate the transcript page numbers in brackets. Immaterial formal matters (captions, subscriptions, acknowledgments, etc.) should be omitted. The appendix may be prepared with double-sided pages. The appendix must be separately bound.
Rule 30 was amended, effective September 1, 1983; January 1, 1988; March 1, 1994; March 1, 1996; March 1, 1998; March 1, 2003.
The March 1, 1996 amendment eliminates the need to designate parts of the record for inclusion in the appendix. Each party may file an appendix as long as there is no duplication. However, the parties are encouraged to agree on the contents of a single appendix. More than one appendix should be filed only in those cases where an agreement as to the contents of the appendix cannot be reached.
The cost of producing an appendix may not be taxed under Rule 39
(e), if the appendix includes duplicate or other unnecessary material. A party should also be mindful that under Rule 13, the Supreme Court court may award appropriate sanctions.
Rule 30 was revised, effective March 1, 2003, in response to the December 1, 1998, amendments to Fed.R.App.P. 30. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.
SOURCES: Joint Procedure Committee Minutes of January 24-25, 2002, pages 8-9; September 27-28, 2001, page 22; September 26-27, 1996, page 19; April 27-28, 1995, pages 4-5; January 26-27, 1995, pages 6-7; September 29-30, 1994, pages 14, 16-18; January 28-29, 1993, page 11; February 19-20, 1987, page 8; September 18-19, 1986, pages 8-10, 16-19; January 23, 1986, page 4; October 15-16, 1981, pages 2-5; May 25-26, 1978, pages 14-17; January 12-13, 1978, pages 19-20; September 15-16, 1977, pages 19-21. Rule 22, Rules of the 11th Circuit Court.
Rule 30, FRAppP Fed.R.App.P. 30.
CROSS REFERENCE: N.D.R.App.P. 25 (Filing and Service); N.D.R.App.P. 31 (
Filing and Service of Serving and Filing Briefs); N.D.R.App.P. 32 (Form of Briefs, The Appendix, Appendices, and Other Papers).