8th Cir. R. 30A: Designated Record on Appeal
Rules of Appellate Procedure and Internal Operating Procedures of the Eighth Circuit — Title VII. General Provisions
(a) Scope.
(1) SOCIAL SECURITY APPEALS. Three copies of the administrative agency record must be filed in social security cases.
(2) PRO SE APPEALS. In all pro se appeals, the entire district court record is available for review. If the record is available in electronic format, the court will review the electronic version of the record. At the time a pro se notice of appeal is filed, the clerk of the district court must transmit to the clerk of this court the originals or paper copies of those portions of the original record which are not available through PACER, such as documentary exhibits, administrative records and state court files.
(3) IMMIGRATION CASES. The agency is responsible for filing the Administrative Record, and must do so electronically within the time established by the briefing schedule order. No appendices are required in immigration cases, and all references to the record in pleadings and briefs must be to the relevant page in the electronic Administrative Record.
(b) Methods of Preparing the Record on Appeal.
(1) AGREED STATEMENT AS THE RECORD ON APPEAL. See FRAP 10(d).
(2) JOINT APPENDIX. See FRAP 30(a) & (b).
Appellant must file 3 copies of the appendix with the brief.
(3) SEPARATE APPENDICES. Appellants may dispense with the process of preparing a joint appendix as set forth in FRAP 30(a) and (b) and submit a separate appendix with the opening brief. Appellant must notify the clerk and all opposing parties in writing of the decision to prepare and file a separate appendix within 14 days after filing the notice of appeal. Appellant must also order the transcript according to FRAP 10(b).
Appellees may file a separate appendix containing material not included in the appellant's appendix. Appellee must refer to record material found in appellant's separate appendix rather than duplicating the material.
Separate appendices must conform to FRAP 32(b) and must be fully indexed and consecutively paginated.
Each party must file 3 copies of its separate appendix with its brief.
(4) SUPPLEMENTAL APPENDIX. If the parties conclude after the opening briefs have been filed that relevant material has been omitted from the joint appendix, they may agree to file a supplemental appendix. In the absence of agreement, either party may move this court for permission to file a supplemental appendix.
In rendering judgment on appeal, this court may rely on any portion of the original record of the district court or the agency proceedings including portions not included in the designated record.
(c) Costs. The prevailing party may recover in this court the costs of reproducing the required number of copies of the appendix. Costs for producing the transcript may be recovered in the district court.
Unless the parties agree otherwise, the appellant must pay the cost of producing the joint appendix. The appellee, however, must advance to the appellant the cost of including parts of the record designated by appellee that the appellant deems unnecessary to determine the issues on appeal. If appellee prevails on appeal, the costs the appellee has advanced are recoverable. The cost of appellee's separate appendix is also recoverable.
The court will deny costs to parties who have caused unnecessary material to be inserted into the record. Any attorney who multiplies the proceedings in a case unreasonably and vexatiously may be held personally responsible by the court for excess costs according to 28 U.S.C. § 1927 and may be subject to disciplinary sanctions.