Rule 30 Appendix to the Briefs

(a) Appellant’s Responsibility.

(1) Contents of the Appendix. The appellant must prepare and file an appendix to the briefs containing:

(A) The relevant docket entries in the proceeding below;

(B) The relevant portions of the pleadings, charge, findings, or opinion;

(C) The judgment, order, or decision in question; and

(D) Other parts of the record to which the appellant wishes to direct the court’s attention.

(2) Excluded Material. Memoranda of law in the Superior Court should not be included in the appendix unless they have independent relevance. Parts of the record may be relied on by the court or the parties even though they are not included in the appendix. Parties cannot incorporate by reference briefs submitted to the Superior Court or refer this Court to such briefs for their arguments on the merits of the appeal.

(3) Time to File. The appellant must file the appendix along with its principal brief within the time provided by Rule 31.

(b) All Parties’ Responsibilities.

(1) Contents of the Appendix. The parties are highly encouraged to agree on the contents of the appendix. In the absence of an agreement, the appellant must, within 10 days after the record is filed, serve on the appellee a designation of the parts of the record the appellant intends to include in the appendix and a statement of the issues the appellant intends to present for review. The appellee may, within 10 days after receiving the designation, serve on the appellant a designation of additional parts in the appendix. This paragraph also applies to a cross-appellant and a cross-appellee.

(2) Costs of Appendix. Unless the parties agree otherwise, the appellant must pay the cost of the appendix, including the cost of any parts designated by the appellee. The cost of the appendix is a taxable cost. If any party causes unnecessary parts of the record to be included in the appendix, the court may impose the cost of those parts on that party.

(3) Sanctions for Inclusion of Unnecessary Material. Sanctions may be levied against attorneys who unreasonably and vexatiously increase litigation costs by including unnecessary and duplicative material in the appendices.

(c) [Reserved]

(d) Format of the Appendix. The appendix must be consecutively paginated and begin with a table of contents identifying the page at which each part begins. The relevant docket entries must follow the table of contents. Other parts of the record must follow chronologically. Immaterial formal matters (captions, subscriptions, acknowledgments, etc.) should be omitted.

(e) [Reserved]

(f) Appeal on the Original Record Without an Appendix. The Court may, upon a party’s motion or sua sponte, dispense with the appendix and permit an appeal to proceed on the original record with any copies of the record, or relevant parts, that the Court may order the parties to file.