Federal Rule of Appellate Procedure 10 states that the record on appeal consists of the papers and exhibits filed in the trial court, the transcript of proceedings if any, and a certified copy of the trial court docket entries. To qualify for inclusion in the appendix on appeal, the item or document must be a part of the record on appeal. And yet, disagreements about the appendix's contents still arise. Appellate litigator Howard J. Bashman takes a look at the issues.
September 24, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Related: Bashman Archive
When a case is assigned to appellate judges for adjudication on the merits, they receive not only the parties’ appellate briefs but also the appendix, which contains those portions of the record on appeal that the parties and the court view as necessary for the court to deliver a fully informed ruling. In certain jurisdictions the appendix is known by other names, such as the record excerpts or the reproduced record.
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