10th Cir. R. 28.2: Additional requirements

(A) Appellant’s brief. In addition to all other requirements of the Federal Rules of Appellate Procedure and these rules, the appellant’s brief must include as an attachment the following (even though they are also included in the appendix or record):

(1) copies of all pertinent written findings, conclusions, opinions, or orders of a district judge, bankruptcy judge, or magistrate judge (if the district court adopts a magistrate’s report and recommendation, that report must also be included);

(2) if any judicial pronouncement listed in (1) is oral, a copy of the transcript pages;

(3) in social security cases, copies of the decisions of the administrative law judge and the appeals council;

(4) in immigration cases, a copy of the transcript from the Immigration Judge’s oral ruling, plus copies of the written rulings of the Immigration Judge and the Board of Immigration Appeals; and

(5) the judgment.

(B) Appellee’s brief. If the appellant’s brief fails to attach all the rulings required by (A), the appellee’s brief must attach them.

(C) All principal briefs.

(1) Name of court, judge, and originating case number.

The front cover of each brief must contain the name of the court, the judge whose judgment is being appealed, and the originating case number.

(2) Oral argument statement. The front cover of each party’s first brief must state whether oral argument is requested. If argument is requested, a statement of the reasons why argument is necessary must follow the brief’s conclusion.

(3) Statement of related cases. At the end of the Table of Authorities, the first brief filed by each party must list all prior or related appeals, with appropriate citations, or a statement that there are no prior or related appeals.

(4) Glossary. All briefs containing acronyms or abbreviations not in common use (other than names of parties) must include a Glossary on a page immediately following the Table of Authorities.

(5) Brief Attachments and the Table of Contents. All attachments to briefs, including those required by Rule 28.2(A), shall be identified and included in the Table of Contents.

(6) Citizenship Statement in Appeals Based on Diversity Jurisdiction—Identifying Members and Partners.

Where the asserted basis for federal jurisdiction is 28 U.S.C. § 1332 and a party or parties to the appeal are formed as a limited liability company (LLC), partnership, or any other unincorporated entity, each party so defined must:

(a) include in that party’s brief a statement identifying each of its members and their states of citizenship; and

(b) submit a supplemental statement if any of the required information changes.

See Americold Realty Tr. v. Conagra Foods, Inc., 577 U.S. 378, 382 (2016) (for diversity jurisdiction, the citizenship of an unincorporated entity depends on the citizenship of all of its members).