Rule 50. Contents Of Appendices
Effective January 1, 2019
A. Appendices in Civil Appeals and Appeals from Administrative Agencies.
(1) Purpose.
The purpose of an Appendix in civil appeals and appeals from Administrative Agencies is to present the Court with copies of only those parts of the Record on Appeal that are necessary for the Court to decide the issues presented.
(2) Contents of Appellant's Appendix.
The appellant's Appendix shall contain a table of contents and copies of the following documents, if they exist:
(a) the chronological case summary for the trial court or Administrative Agency;
(b) the appealed judgment or order, including any written opinion, memorandum of decision, or findings of fact and conclusions thereon relating to the issues raised on appeal;
(c) the jury verdict;
(d) [Deleted, eff. January 1, 2011]
(e) any instruction not included in appellant's brief under Rule 46(A)(8)(e), when error is predicated on the giving or refusing of the instruction;
(f) pleadings and other documents from the Clerk's Record in chronological order that are necessary for resolution of the issues raised on appeal;
(g) any other short excerpts from the Record on Appeal, in chronological order, such as essential portions of a contract or pertinent pictures, that are important to a consideration of the issues raised on appeal;
(h) any record material relied on in the brief unless the material is already included in the Transcript;
(i) a verification of accuracy by the attorney or unrepresented party filing the Appendix. The following is an acceptable verification:
“I verify under penalties of perjury that the documents in this Appendix are accurate copies of parts of the Record on Appeal.”
(3) Appellee's Appendix.
The contents of the appellee's Appendix shall be governed by Section (A)(2) of this Rule, but the appellee's Appendix shall not contain any materials already contained in appellant's Appendix, unless necessary for completeness or context. The Appendix may contain additional items that are relevant to either issues raised on appeal or on cross-appeal.
B. Appendices in Criminal Appeals.
(1) Contents of Appellant's Appendix.
The appellant's Appendix in a Criminal Appeal shall contain a table of contents and copies of the following documents, if they exist:
(a) the Clerk's Record, including the chronological case summary;
(b) [Deleted, eff. January 1, 2011]
(c) any instruction not included in appellant's brief under Rule 46(A)(8)(e) when error is predicated on the giving or refusing of the instruction;
(d) any other short excerpts from the Record on Appeal, in chronological order, such as pertinent pictures, that are important to a consideration of the issues raised on appeal;
(e) any record material relied on in the brief unless the material is already included in the Transcript;
(f) a verification of accuracy by the attorney or unrepresented party filing the Appendix. The following is an acceptable verification:
“I verify under penalties of perjury that the documents in this Appendix are accurate copies of parts of the Record on Appeal.”
(2) Appellee's Appendix.
The contents of the appellee's Appendix shall be governed by Section (A)(2) of this Rule, but the appellee's Appendix shall not contain any materials already contained in appellant's Appendix, unless necessary for completeness or context. The Appendix may contain additional items that are relevant to either issues raised on appeal or on cross-appeal.
C. Table of Contents.
A table of contents shall be prepared for every Appendix. The table of contents shall specifically identify each item contained in the Appendix, including the item's date. The Table of Contents shall be submitted as Appendix Volume 1 in accordance with Rule 51(F).
D. Supplemental and Other Appendices.
All supplemental and any other appendices shall be governed, to the extent applicable, by Sections A, B, C, E, and F, and shall not duplicate materials contained in other appendices, unless necessary for completeness or context.
E. Cases with Multiple Appellants or Appellees.
In cases involving more than one appellant or appellee, including cases consolidated for appeal, each side shall, where practicable, file joint rather than separate appendices to avoid duplication.
F. Transcript.
Because the Transcript is transmitted to the Court on Appeal pursuant to Rule 12(B), parties should not reproduce any portion of the Transcript in the Appendix.