APPENDIX TO THE BRIEFS

(a) By Whom Filed. In every appeal, the party that files the first notice of appeal shall prepare and file an appendix to the briefs, except that in child protection matters, 22 M.R.S. §§ 4001-4071, the State shall be responsible for preparing and filing the appendix. 36 (b) Filing and Service of Appendix. (1) The party designated by subdivision (a) of this rule shall electronically file the appendix as provided in Rule 1D(c) on or before the following date: (A) If the appeal is in a child protection matter, 14 days before the date on which the appellant’s brief is due to be filed electronically; (B) If the appeal is not in a child protection matter and the parties do not agree otherwise, the date on which the appellant’s brief is due to be filed electronically; or (C) Any date to which the parties have agreed that falls on or before the date on which the appellee’s brief is filed electronically or due to be filed electronically, whichever occurs first. (2) Simultaneously with the electronic filing of the appendix, the party filing the appendix must serve a copy of it on each of the other parties as provided in Rule 1E. A paper copy of the appendix served as provided in this paragraph need not have a cover or be bound. (3) The Clerk of the Law Court will review the contents and formatting of the electronically filed appendix and will notify the parties via email whether the Clerk approves or rejects the electronically filed appendix, along with a description of any deficiencies in the appendix. If the Clerk rejects the electronically filed appendix, the responsible party must electronically file a corrected version of the appendix within 7 days after the Clerk sends the email rejecting the appendix. (4) If the Clerk of the Law Court rejects an appendix and an appellant’s brief contains citations to the rejected appendix, the appellant must file, within 7 days after the Clerk sends the email rejecting the appendix, a replacement brief correcting citations to the appendix but making no other changes. (5) If the Clerk of the Law Court approves the electronically transmitted version of the appendix, the party designated in subdivision (a) of this rule must file, within 7 days after the Clerk’s emailed approval, eight printed copies of the appendix that conform with the requirements of 37 subdivision (k) and must simultaneously serve one printed copy of the appendix on each other party to the appeal. (6) The Clerk of the Law Court may relieve a party of the requirement of filing a pdf version of the appendix and require that printed copies of the appendix be filed and served on or before the date that the appendix would be due to be filed electronically. (c) Contents, Generally. The purpose of the appendix is to make available to each Justice of the Court those documents from the record that are essential to the review of the issues on appeal. Duplication must be avoided. No document shall appear in the appendix more than once. (d) Contents, Mandatory ‐ ALL APPEALS. The following documents shall be contained in the appendix in the following order: (1) A table of contents. (2) All docket entries from the proceeding(s) below. (3) Each trial court decision, ruling, or judgment that will be addressed in the appeal, including the original final judgment and any subsequent orders amending the original final judgment. (A) included; If the decision is in written form, a copy of the decision shall be (B) If the decision or judgment includes more than one order or set of findings, a copy of each court action that constitutes the decision or judgment shall be included; (C) If any part of the decision was stated orally on the record, a copy of the transcript of the decision shall be included. When a decision or ruling stated orally on the record was preceded by a colloquy with the court, the colloquy shall be included in the appendix if the colloquy does not exceed 20 pages in the appendix. 38 (4) The complaint, indictment, information, petition, motion, or post-judgment motion that initiated the proceeding in the trial court and any subsequent amendment to the document that initiated the proceeding. (5) Any pre-judgment or post-judgment motion or petition that was subject to an order or other action or inaction by the trial court that is at issue in the appeal. If the motion or other request to the trial court was made orally, a transcript of the on-the-record discussion of the motion or other request to the trial court, including the court’s ruling, shall be included. (e) Contents, Mandatory ‐ SPECIFIC PROCEEDINGS. Following the contents required by subdivision (d), the appendix shall contain the following contents for specific proceedings: (1) Summary Judgment. If the appeal relates to the entry or denial of a summary judgment, a copy of the parties’ statements filed pursuant to M.R. Civ. P. 56(h). (2) State and Local Government Administrative Appeals. (A) If the appeal addresses a decision of a State or local administrative agency, including a municipality, board, commission, or other administrative body, a copy of the agency’s decision, whether written or transcribed. (B) If the agency decision was based on a municipal ordinance, a State or local regulation, or a Private and Special Law, a copy of the relevant section or sections from that ordinance, regulation, or Private and Special law, shall be included. For appeals from decisions of a municipal agency, a copy of the section or sections of the municipal ordinance that establish the authority of the agency to act on the matter subject to the appeal shall be included. Copies of relevant sections of the Maine Revised Statutes shall not be included. (3) Jury Instructions. If the appeal includes a challenge to a jury instruction or jury instructions, a copy of the transcript of the jury instructions and a copy of any written instructions given to the jury, a copy of the transcript containing the discussion of or objection to the instructions, and copies of any relevant oral or written requests to the trial judge for different instructions than those given to the jury by the trial judge. 39 (4) Jury Verdict, Special Verdict Form. If the appeal is from a judgment entered on the verdict of a jury, and the jury reported its verdict on a written form, a copy of that form and a transcript or copy of the objections to that form, if any. (5) Contract, Deed, Lease, Trust, Will, or Insurance Policy. If the appeal relates to the interpretation or enforcement of a contract, deed, lease, trust, will, or insurance policy: a copy of that document. (6) Domestic Relations, Parentage, or Child Protection Matters. If the appeal is from a decision related to a domestic relations, parentage, or child protection matter: the child support affidavits, if child support is at issue on appeal; the financial statements of the parties, if property distribution or child or spousal support is at issue on appeal; the report of the guardian ad litem, if any, if a parental rights or parentage decision is at issue on appeal. (7) Criminal Appeals. If the appeal is from a decision in a criminal matter: the presentence report, if any, if a sentence is at issue on appeal; the search warrant or arrest warrant and any affidavit in support of issuance of the warrant, if a search warrant or arrest warrant or actions pursuant to a search warrant or arrest warrant are at issue on appeal; and the Attorney General’s authorization, if required, for any State appeal brought pursuant to Rule 21. (f) Contents, Discretionary. The following materials from the trial court record may be included in an appendix but are not required: (1) Exhibits. If particular exhibits are essential to the Court’s understanding of the issues on appeal, the appendix may include copies of those exhibits. Copies of exhibits, including photographs, maps, charts, or diagrams that were presented in color to the trial court or administrative agency shall be reproduced in color by any means, such as scanning or color printing, that reproduces the exhibit in the appendix to appear as close as possible to the way the exhibit appeared in the trial court record. (2) Other Pleadings. Copies of other pleadings or filings that appear in the trial court record may be included, but only if they are essential to the Court’s understanding of the issues on appeal. 40 (3) Placement. Documents from the trial court record, other than those that are designated “mandatory,” that are essential for understanding the specific issues on appeal shall be placed in the appendix following the documents required by Rule 8(d) or (e). (g) Exclusions from the Appendix. The appendix shall not include: (1) any documents or images that are not a part of the trial court file or the record on appeal, other than a supplement of legal authorities authorized in subdivision (n) hereof; (2) any documents that are, or include, pictures, videos, or other images (A) of persons under 18 years of age, (B) of adults subject to a guardianship or mental health commitment proceeding, or (C) that depict nudity or sexual or sexualized acts; (3) except for an appendix prepared by the State in a child protective case, any documents made confidential by statute or court order that are not required to be included in the appendix by subdivisions (d) or (e) hereof; or (4) any portion of the transcript from the trial court other than on the record statements or discussions required to be included in the appendix by subdivisions (d) or (e) hereof. (h) Failure to Comply with Rules. An appendix that (1) fails to include mandatory documents; (2) does not present documents in the required order: first documents required by subdivision (d), then documents required by subdivision (e), then documents, if any, included pursuant to subdivision (f); (3) includes duplicate copies of documents; (4) includes documents or images excluded by subdivision (g); or (5) otherwise is not prepared in compliance with these Rules may be rejected, with the party that prepared the appendix being required to prepare and file a replacement appendix that complies with these Rules or being subject to another appropriate sanction, including dismissal of the appeal. (i) Contents, Agreement of the Parties. The parties shall confer and attempt to reach agreement on the contents of the appendix in compliance with this Rule. If the parties do not agree: 41 (1) No later than 14 days before the appellant’s brief is due to be filed, the appellant shall deliver to the appellee a list of the documents that the appellant proposes to include in the appendix. In child protection cases in which the State is the appellee, the appellant shall deliver to the appellee the list of the documents that the appellant proposes to include in the appendix at least 14 days before the appendix is due to be filed. (2) If the appellee wishes to have additional documents included in the appendix, the appellee must, within 7 days after notice of the appellant’s list of documents, designate additional documents for inclusion in the appendix, and the appellant shall include those documents in the appendix, unless otherwise ordered by the court. (j) Content, Costs. Unless otherwise agreed by the parties, the appellant shall be responsible for the costs of producing the appendix. If the appellee designates documents for inclusion and the appellant concludes that such documents are not essential to understanding of the issues on appeal, the appellant shall include such documents in the appendix, but may seek recovery of the costs for inclusion of such documents after decision on the appeal. Following an appeal in a civil case, any of the costs incurred in the production of the appendix may be taxed to either party by the Law Court pursuant to