Rule 24 Appendix to the Briefs.

(a) Duty of Appellant to Prepare and File; Content of Appendix; Time for Filing; Number of Copies. Appellant shall prepare and file an appendix to the briefs which shall contain all materials designated by all parties and shall include: a table of contents with page references and a copy of the notice of appeal; the judgment, order, or decision being appealed; a certified list of docket entries from the Superior Court; and relevant portions of the trial transcripts, exhibit, or other parts of the record referred to in the briefs at such length as may be necessary to preserve context. Except where they have independent relevance, memoranda of law filed in the Superior Court should not be included in the appendix. Matters that were sealed at the Superior Court level shall so indicate on the cover of the appendix. In an appeal challenging a criminal sentence, the appellant shall attach five copies of the presentence investigation report in an appropriately labeled sealed envelope. 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 shall reprint all the evidence of record which supports the challenged determination. The fact that parts of the record are not included in the appendix shall not prevent the parties or the Supreme Court from relying on such parts. The appendix is a separate, freestanding document. Appellant shall file the appendix with the Clerk of the Supreme Court at the time appellant’s briefs are filed. If either party files a separate appendix, that party shall file it with the Clerk of the Supreme Court at the time its briefs are filed and serve one copy of the separate appendix on counsel for each party separately represented. If a party is required to e-file, the appendix shall be e-filed with the Clerk of the Supreme Court, served in accordance with Rule 15(d), and four paper copies filed in accordance with Rule 40.3(h). If a party is exempt from e-filing, or if e-filing has been disallowed in a particular case, it shall conventionally file seven copies of the appendix (or, if authorized, a separate appendix) along with seven copies of its brief, and at the same time shall conventionally serve one copy of the appendix on counsel for each party separately represented, unless the Supreme Court directs the filing or service of a lesser number, which shall be allowed only in extraordinary cases

(b) Determination of Contents of Appendix; Cost of Producing. The parties are required to consult and agree on the contents of the appendix. It is the duty of the parties in the first instance to cooperate in filing one joint appendix on appeal. The Supreme Court may permit, upon timely motion, the filing of separate appendices upon certification, with supporting documents, that a given party has failed to cooperate in the designation of a joint appendix. The following procedure is recommended to accomplish the goal of filing the joint appendix: Within 14 days after the transcript is prepared or the certification is filed, appellant should serve on the appellee a designation of the parts of the record which the appellant intends to include in the appendix and a statement of the issues which the appellant intends to present for review. Within 14 days after receipt of the designation, the appellee shall serve upon the appellant a designation of those additional parts of the record that it deems necessary to present to the Supreme Court. The appellant shall include in the appendix the parts thus designated with respect to the appeal and any cross appeal. The parties shall not engage in unnecessary designation. The provisions of this paragraph shall apply to cross appellants and cross appellees. Sanctions may result from a failure to cooperate in the filing of a joint appendix. Unless the parties otherwise agree, the cost of producing the appendix shall initially be paid by the appellant, but if the appellant considers that parts of the record designated by the appellee for inclusion are unnecessary for the determination of the issues presented, the appellant may so advise the appellee and the appellee shall advance the cost of including such parts. The cost of producing the appendix shall be taxed as costs in the case.

(c) Arrangement of the Appendix. The beginning of the appendix shall include a table of contents. The relevant docket entries shall be set out following the table of contents. Thereafter, other parts of the record shall be set out, including exhibits and any relevant transcript entries, preferably in chronological order. The pages of the appendix shall be clearly and sequentially numbered; the page numbers within the original transcript may also appear on the page.

(d) Sanctions Pursuant to Determination of Contents of Appendix. The Court, sua sponte by rule to show cause or on the motion of any party, may impose sanctions in the form of denial of all or some of the costs of the appeal upon finding that any party has unreasonably and vexatiously caused the inclusion of materials in an appendix that are unnecessary for the determination of the issues presented on appeal. A party filing such a motion shall do so within 14 days after a bill of costs has been served. The movant shall submit with the motion an itemized statement specifically setting forth, by name and appendix page number, the item or items that the movant asserts were unnecessarily included in the appendix. Any party against whom sanctions are requested may file an answer to the motion or rule to show cause. The answer shall be filed within 14 days after service of the motion or rule to show cause.