L.A.R. 30.3: Contents of Appendix

(a) Relevant portions of a trial transcript, exhibit, or other parts of the record referred to in the briefs must be included in the appendix at such length as may be necessary to preserve context. Relevant portions of the district court briefs may be included in the appendix only if necessary to show whether an issue was raised or an argument was made in the district court or in the proceeding being reviewed. Transcript portions are not considered relevant under this rule merely because they are referred to in the Statement of the Case or Statement of Facts, if they are not otherwise necessary for an understanding of the issues presented for decision. Whenever an appeal challenges the sufficiency of the evidence to support a verdict or other determination (including an argument that a finding is clearly erroneous), the appendix must provide all the evidence of record which supports the challenged determination. In all appeals in this court, the appendix must contain, in addition to the requirements of FRAP 30(a), a table of contents with page references, a copy of the notice of appeal, the relevant opinions of the trial court or bankruptcy court, or the opinion or report and recommendation of the magistrate judge, or the decision of the administrative agency, and a copy of any order granting a certificate of appealability.

(b) Records sealed in the district court and not unsealed by order of the court must be not be included in the paper appendix. Paper copies of sealed documents must be filed in a separate sealed envelope. When filed electronically, sealed documents must be filed as a separate docket entry as a sealed volume.

(c) In an appeal challenging a criminal sentence, the appellant must file, at the time of filing the appendix, four copies of the Presentence Investigation Report and the statement of reasons for the sentence, in four sealed envelopes appropriately labeled. Grand jury materials protected by Fed. R. Crim. P. 6(c), presentence reports, statements of reasons for the sentence and any other similar material in a criminal case or a case collaterally attacking a conviction (cases under 28 U.S.C. §§ 2241, 2254, 2255) must be filed electronically and in paper as separate sealed volumes.

(e) The documents listed in L.A.R. 32.2(c) that must be included in volume one of the appendix may be attached to the paper brief.

(f) Litigants proceeding pro se may, but are not required to, file an electronic appendix.

The portions of prior Court Rule 10.3 that were repetitive of FRAP 30 were deleted in 1995. The portion of prior Court Rule 10.3 addressed to those cases in which the court by order has dispensed with the requirement of an appendix has also been deleted from this rule. Such cases are now addressed by 3d Cir. L.A.R. 30.2. Briefs submitted to the trial court or agency should not be included in the appendix unless the brief serves as evidence that an issue has been preserved or specifically waived. Trial exhibits which are important to the court's understanding of the issues should be reproduced either in the appendix or as exhibits to the brief. The rule was amended in 2008 to provide for electronic filing. See addendum to these rules for alternative to electronic filing.