8th Cir. R. 10A: Exhibits
Rules of Appellate Procedure and Internal Operating Procedures of the Eighth Circuit — Title II. Appeal from a Judgment or Order of a District Court
(a) Duty of Appellant. Subject to subparagraph (b) of 8th Cir. R.10A, appellant must ensure that all trial exhibits and all relevant pre-trial exhibits, or copies thereof, are submitted to the clerk of the court appeals no later than the filing of appellant’s opening brief. If the trial exhibits and the relevant pre-trial exhibits were retained by the district court, appellant must ask the clerk of the district court to forward the exhibits to the clerk of the court of appeals. If the trial exhibits and the relevant pre-trial exhibits were not retained by the district court, appellant must prepare and submit a separate appendix containing the exhibits, or copies thereof. In the event appellant fails either to ask the district court to transmit the exhibits or to prepare a separate appendix of exhibits, the appellee may take steps to ensure that all trial exhibits and all relevant pretrial exhibits, or copies thereof, are submitted to the clerk of the court of appeals no later than the filing of appellee’s brief. In pro se cases, the district court will transmit the exhibits, and no separate appendix of exhibits is required. See 8th Cir. R. 30A(a)(2).
(b) Physical Exhibits. Physical exhibits should not be filed with the clerk of this court unless they are referred to in the brief and examination of the exhibits would aid the court in resolving an issue raised on appeal. Counsel should contact the clerk before submitting unusually bulky or large physical exhibits. In a criminal case, evidence such as firearms and drugs may be filed only with leave of court.