Local Rule CIV. RULE 601.5: BRIEFS & APPENDICES

CIV. RULE 601.5 BRIEFS & APPENDICES. Upon confirmation by the Bankruptcy Clerk that the record on appeal is complete in accordance with Bankruptcy Rule 8010 and these Local Civil Rules, and the applicable fee is paid, the District Court will set the briefing schedule, the form of which shall be governed by Bankruptcy Rules 8014 and 8015. (a) Brief of Appellant i. Issues Raised Below and Related Litigation. In addition to the sections enumerated in Federal Rule of Bankruptcy Procedure 8014(a), the brief of appellant shall conform to the requirements of Local Civil Rule 7.2 and, in addition, must include the following: a statement of the issues presented as required by Rule 8014(a)(5); a designation by reference to specific pages of the appendix or location in the record at which each issue on appeal was raised, objected to, and ruled upon; and after the statement of issues presented, a statement of all appeals which arose from the debtor's bankruptcy case previously or currently pending in the District Court or Court of Appeals; whether the matter on appeal has been before the District Court or Court of Appeals previously; and whether the appellant is aware of any other pending judicial proceeding in a federal or state court that presents issues which if decided may be relevant to the issues presented by the appellant's appeal and not duplicative of cases cited in the body of appellant's brief. ii. Standard of Review. The brief of the appellant must include under a separate heading before the discussion of the issues a statement of which standard or scope of review is applicable to each issue on appeal (e.g., whether the Bankruptcy Court abused its discretion; whether the Bankruptcy Court's fact findings are clearly erroneous; whether the Bankruptcy Court erred in formulating or applying a legal precept). (b) Brief of Appellee i. Related Litigation and Standard of Review. In addition to the sections of a brief enumerated in Federal Rule of Bankruptcy Procedure 8014(b), the brief of appellee must also comply with the requirements of Local Civil Rule 7.2. ii. Appellee's Single Brief, if Multiple Appellants. The brief of an appellee who has been permitted to file one brief in consolidated appeals of two or more appellants must contain an appropriate cross reference index which clearly identifies and relates appellee's answering contentions to the specific contentions of the various appellants. The index must contain an appropriate reference by appellee to the question raised and the page in the brief of each appellant. (c) Appendix to Brief i. Appendix to Brief: Separate Filing. An appendix to a brief shall be filed as a separate document from the brief. ii. Volume One of Appellant's Appendix. Volume one of an appellant's multivolume appendix must consist only of (1) the notice of appeal, (2) the judgment, order, or decree from which the appeal is taken, (3) any findings, conclusions, or opinions relevant to the appeal, and (4) any order granting a certificate of direct appeal. Volume one of the appellant's appendix shall be attached to the appellant's brief, but the content shall not count towards the page or type-volume limitations on the brief. iii. Hyperlinks. In addition to an electronic appendix, hyperlinks to the appendix may be added to the brief. If hyperlinks are used, the brief must also contain immediately preceding the hyperlink a reference to the paper appendix page. Hyperlinks to testimony must be to a transcript. A motion must be filed and granted seeking permission to hyperlink to an audio or video file before such links may be included in the brief or appendix. Hyperlinks may not be used to link to sealed or restricted documents. iv. Documents Sealed in the Bankruptcy Court. Records sealed in the Bankruptcy Court are sealed on appeal without the need for filing an additional motion to seal. Sealed documents must be in a separate volume, filed under a separate docket entry as sealed documents, and listed in the table of contents of the appendix as sealed documents.