(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:(A) the docket sheet of the lower court, and agency docket sheet when an appeal is taken under the Administrative Agencies Practice Act;(B) the indictment, information, or complaint, as amended;(C) the answer, counterclaim, cross claim, and replies;(D) parts of any pre-trial order relevant to the issues on appeal;(E) any supporting memorandum of decision, findings of fact and conclusions of law filed by the court;(F) any supporting reasoning, findings of fact or conclusions of law delivered orally by the court;(G) the judgment, order, or decision in question;(H) any other orders to be reviewed;(I) the instruction in question, if the correctness of a jury instruction is in issue, and any other relevant part of the jury charge;(J) any other relevant parts of the record, including portions of the transcript, to which the particular attention of the court is invited; and(K) the notice of appeal.(2) Excluded Material. Except for relevant short transcripts or short excerpts showing the court's reasoning, district court transcripts filed in electronic form under Rule 10(c) may not be included in an appendix. District court briefs of the parties may 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.
(3) Time to File; Number of Copies. If filed by mail or third-party commercial carrier and unless filing is deferred under Rule 30 (c), the appellant must file one copy of the appendix with the brief and must serve one copy on counsel for each party separately represented. If filed electronically and unless filing is deferred under Rule 30(c), the appellant must file one electronic copy 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 considers 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 and it is filed by mail or third-party commercial carrier, one copy 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. If an appellee or cross-appellant prepares an appendix and it is filed electronically, one electronic copy 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 Rule 30 (a) and other parts of the record cited in the appellant's or appellee's brief. The appendix must be served and filed within 14 days after service of the appellee's brief.
(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. An electronically filed appendix must comply with Rule 25.
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.
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.
Subdivisions (a) and (b) were amended, effective November 1, 2020, to require one copy of the appendix to be filed when it is filed by mail or commercial carrier.
Paragraph (a)(1) was amended, effective March 1, 2011, to clarify that any supporting reasoning, findings of fact or conclusions of law delivered orally by the court must be included in the appendix. Oral pronouncements included in the appendix should be extracted from the transcript.
Paragraph (a)(2) was amended, effective March 1, 2005, to restrict inclusion in an appendix of district court transcripts already filed electronically with the supreme court, except when a transcript excerpt shows the district court's reasoning.
Paragraph (a)(3) and subdivisions (b) and (d) were amended, effective October 1, 2014, to conform the rule to electronic filing.
Subdivision (c) was amended, effective March 1, 2005, to decrease the time allowed for filing a deferred appendix from 21 days to 11 days after service of the appellee's brief.
Subdivision (c) was amended, March 1, 2011, to increase the time allowed for filing a deferred appendix from 11 to 14 days after service of the appellee's brief.
SOURCES: Joint Procedure Committee Minutes of September 24, 2020, pages 2-3; September 26, 2013, page 25; April 29-30, 2010, page 20; 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. Fed.R.App.P. 30.
CROSS REFERENCE: N.D.R.App.P. 10 (The Record on Appeal); N.D.R.App.P. 13 (Sanctions); N.D.R.App.P. 25 (Filing and Service) ; N.D.R.App.P. 31 (Serving and Filing Briefs) ; N.D.R.App.P. 32 (Form of Briefs, Appendices, and Other Documents); N.D.R.App.P. 39 (Costs).