(a) Contents of Appendix. The contents of an appendix are limited to the materials set forth in FRAP 30(a)(1), except that the appendix must also include the notice of appeal or petition for review.

(b) Number of Paper Copies. A counseled party must submit 6 paper copies of an appendix in cases in which an appendix is required. A pro se party must submit 3 paper copies of its appendix in cases in which an appendix is required.

(c) Deferred Appendix. If the parties stipulate, or if the court on motion directs, the parties may file a deferred appendix as provided in FRAP 30(c).

(d) Index for Separate Volume of Exhibits. When reproducing exhibits in a separate volume, the index required by FRAP 30(e) must include a description of each exhibit sufficient to inform the court of its nature; designation solely by exhibit number or letter does not comply with this rule.

(e) Proceeding on the Original Record Without an Appendix.

(1) Authorized Classes of Cases. The procedure described in FRAP 30(f) for hearing appeals on the original record without requiring an appendix is authorized in the following classes of cases: (A) proceedings conducted in forma pauperis, (B) social security cases, and (C) immigration cases listed in LR 34.2(a)(1).

(2) Materials to be Included in the Record. The appellant must arrange to make part of the record all relevant transcripts and, in social security cases, the certified administrative record.

(3) Materials to be Attached to Appellant's Brief. The appellant must attach as an addendum to its principal brief the orders, opinions, and judgments being appealed.

(f) Sanctions. This court may, after affording the attorney notice and an opportunity to be heard, impose sanctions against an attorney who unreasonably and vexatiously increases litigation costs by including unnecessary material in the appendix.

(g) Appellee's Supplemental Appendix. In any case in which an appellant has not filed a joint appendix in compliance with FRAP 30, an appellee may file a supplemental appendix. The supplemental appendix must comply with FRAP 30 and LR 32.1(b). It must be filed with the appellee's brief.

Last modified at 1/31/2014