Appendix to the briefs

The parties are encouraged to agree as to the contents of the appendix. In the absence of an agreement, the appellant shall, not later than ten days after receipt of notice from the Appellate Division of the receipt of the appeal, serve on the appellee, a designation of the parts of the record which he or she intends to include in the appendix. If the appellee deems it necessary to direct the particular attention of the Appellate Division to parts of the record not designated by the appellant, he or she shall, within ten days after receipt of the designation, serve upon the appellant, a designation of those parts. The appellant shall include in the appendix the parts thus designated. In designating parts of the record for inclusion in the appendix, the parties shall have regard for the fact that the entire record is always available to the Appellate Division for reference and examination and shall not engage in unnecessary designation. 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 he or she may so advise the appellee and the appellee shall advance the cost of including such parts. In the event of a dispute as to the parts to be included or the advance required to include them, the matter shall be settled by the Appellate Division on motion and notice. The cost of producing the appendix shall be taxed as costs in the case, but if either party shall cause matters to be included in the appendix unnecessarily, the Appellate Division may impose the cost of producing such parts on the party.