Appendix to the Briefs

(a) Number of Copies. Pursuant to Fed. R. App. P. 30(a)(3), when a paper copy deadline is set, only five (5) copies of the appendix need be filed with the clerk and on motion, for cause shown, parties may be allowed to file even fewer copies. (b) Reproduction. The appendix should be printed on both sides of each page.

(c) Contents. The appendix must include any relevant portions of the pleadings, transcripts, exhibits, or other parts of the record referred to in the briefs as may be necessary to understand the issues on appeal and to preserve context. Material included in the addendum bound with appellant's brief need not be reproduced in the appendix. Guidance to counsel as to the contents of the appendix is set forth in a Notice to Counsel Regarding Contents of the Appendix, which accompanies the briefing schedule and is available on the court's website at www.ca1.uscourts.gov.

The required and optional contents of the addendum are set forth in Local Rule 28.0(a). (d) Proceeding Pro Se or Under the Criminal Justice Act. (1) Pro Se Appendices Not Required. All pro se appeals shall be considered on the record on appeal as certified by the clerk of the district court without the necessity of filing an appendix unless otherwise ordered by this court in a specific case.

An appendix is required in all other appeals unless the court rules otherwise pursuant to Fed. R. App. P. 30(f). (2) CJA Appendices. Although an appellant may be reimbursed for the cost of preparing an appendix where appellant's counsel is appointed under the Criminal Justice Act, counsel in consolidated multi-defendant appeals should coordinate, to the extent possible, to file a consolidated appendix. (e) Translations.

The court will not receive documents or cited opinions not in the English language unless translations are furnished. Whenever an opinion of the Supreme Court of Puerto Rico (or other Commonwealth of Puerto Rico court) is cited in a brief or oral argument which does not appear in the bound volumes in English, an official, certified or stipulated 65 translation thereof shall be filed. Unless the translation is filed electronically in compliance with the court’s electronic filing system, three conformed copies should also be filed. Partial translations will be accepted if stipulated by the parties or if submitted by one party not less than 30 days before the oral argument.

Where partial translations are submitted by one party, opposing parties may, prior to oral argument, submit translations of such additional parts as they may deem necessary for a proper understanding of the holding. (f) Sanctions. This court may impose sanctions against attorneys who unreasonably and vexatiously increase litigation costs by including unnecessary material in the appendix as provided for in Local Rule 38.0. (g) Inclusion of Sealed Material in Appendices.

Appendices filed with the court of appeals are a matter of public record. If counsel conclude that it is necessary to include sealed material in appendix form, then, in order to maintain the confidentiality of materials filed in the district court or agency under seal, counsel must designate the sealed material for inclusion in a supplemental appendix to be filed separately from the regular appendix and must file a specific and timely motion in compliance with Local Rules 11.0(c)(2), 11.0(c)(3), and 11.0(d) asking the court to seal the supplemental appendix. Rule 31. Serving and Filing Briefs (a) Time to Serve and File a Brief.

(1) The appellant must serve and file a brief within 40 days after the record is filed. The appellee must serve and file a brief within 30 days after the appellant’s brief is served. The appellant may serve and file a reply brief within 21 days after service of the appellee’s brief but a reply brief must be filed at least 7 days before argument, unless the court, for good cause, allows a later filing. (2) A court of appeals that routinely considers cases on the merits promptly after the briefs are filed may shorten the time to serve and file briefs, either by local rule or by order in a particular case.

(b) Number of Copies. Twenty-five copies of each brief must be filed with the clerk and 2 copies must be served on each unrepresented party and on counsel for each separately represented party. An unrepresented party proceeding in forma pauperis must file 4 legible copies with the clerk, and one copy must be served on each unrepresented party and on counsel for each separately represented party. The court may by local rule or by order in a particular case require the filing or service of a different number.

(c) Consequence of Failure to File. If an appellant fails to file a brief within the time provided by this rule, or within an extended time, an appellee may move to dismiss the appeal. An appellee who fails to file a brief will not be heard at oral argument unless the court grants permission. 66 Local Rule 31.0.

Filing Briefs (a) Time to File a Brief. (1) Briefing schedules will be set in accordance with Fed. R. App. P. 31(a) once the record is complete, including any necessary transcripts. When a brief (and addendum required by Local Rule 28.0) is filed electronically in compliance with the court’s electronic filing system, the court will review the electronic filing and notify the filer of the due date for the paper copies of the brief. A reply brief may be rejected by the court if it contains matter repetitive of the main brief, or which, in the opinion of the court, should have been in the main brief.

(2) Unavailability of the transcript shall constitute cause for granting extensions, subject, however, to the provisions of Local Rule 10.0, ante. (b) Number of copies. Only 10 copies of briefs need be filed with the clerk and on motion for cause shown, parties may be allowed to file even fewer copies. The disk required by Local Rule 32.0 for briefs filed in paper form constitutes one copy for purposes of this rule.

If a brief is filed electronically in compliance with the court’s electronic filing system, the electronically filed brief counts as one copy and nine paper copies must be filed. Rule 32. Form of Briefs, Appendices, and Other Papers (a) Form of a Brief. (1) Reproduction.

(A) A brief may be reproduced by any process that yields a clear black image on light paper. The paper must be opaque and unglazed. Only one side of the paper may be used. (B) Text must be reproduced with a clarity that equals or exceeds the output of a laser printer.

(C) Photographs, illustrations, and tables may be reproduced by any method that results in a good copy of the original; a glossy finish is acceptable if the original is glossy. (2) Cover. Except for filings by unrepresented parties, the cover of the appellant’s brief must be blue; the appellee’s, red; an intervenor’s or amicus curiae’s, green; any reply brief, gray; and any supplemental brief, tan. The front cover of a brief must contain: (A) the number of the case centered at the top; (B) the name of the court; (C) the title of the case (see Rule 12(a ; 67 (D) the nature of the proceeding (e.g., Appeal, Petition for Review) and the name of the court, agency, or board below; (E) the title of the brief, identifying the party or parties for whom the brief is filed; and (F) the name, office address, and telephone number of counsel representing the party for whom the brief is filed.

(3) Binding. The brief must be bound in any manner that is secure, does not obscure the text, and permits the brief to lie reasonably flat when open. (4) Paper Size, Line Spacing, and Margins. The brief must be on 8 ½ by 11 inch paper.

The text must be double-spaced, but quotations more than two lines long may be indented and single-spaced. Headings and footnotes may be single-spaced. Margins must be at least one inch on all four sides. Page numbers may be placed in the margins, but no text may appear there.

(5) Typeface. Either a proportionally spaced or a monospaced face may be used. (A) A proportionally spaced face must include serifs, but sans-serif type may be used in headings and captions. A proportionally spaced face must be 14-point or larger.

(B) A monospaced face may not contain more than 10½ characters per inch. (6) Type Styles. A brief must be set in a plain, roman style, although italics or boldface may be used for emphasis. Case names must be italicized or underlined.

(7) Length. (A) Page limitation. A principal brief may not exceed 30 pages, or a reply brief 15 pages, unless it complies with Rule 32(a)(7)(B). (B) Type-Volume Limitation.

(i) A principal brief is acceptable if it: • contains no more than 13,000 words; or • uses a monospaced face and contains no more than 1,300 lines of text. (ii) A reply brief is acceptable if it contains no more than half of the type volume specified in Rule 32(a)(7)(B)(i). (b) Form of an Appendix. An appendix must comply with Rule 32(a)(1), (2), (3), and (4), with the following exceptions: (1) The cover of a separately bound appendix must be white.

(2) An appendix may include a legible photocopy of any document found in the record or of 68 a printed judicial or agency decision. (3) When necessary to facilitate inclusion of odd-sized documents such as technical drawings, an appendix may be a size other than 8 ½ by 11 inches, and need not lie reasonably flat when opened. (c) Form of Other Papers. (1) Motion.

The form of a motion is governed by Rule 27(d). (2) Other Papers. Any other paper, including a petition for panel rehearing and a petition for hearing or rehearing en banc, and any response to such a petition, must be reproduced in the manner prescribed by Rule 32(a), with the following exceptions: (A) A cover is not necessary if the caption and signature page of the paper together contain the information required by Rule 32(a)(2). If a cover is used, it must be white.

(B) Rule 32(a)(7) does not apply. (d) Signature. Every brief, motion, or other paper filed with the court must be signed by the party filing the paper or, if the party is represented, by one of the party's attorneys. (e) Local Variation.

Every court of appeals must accept documents that comply with the form requirements of this rule and the length limits set by these rules. By local rule or order in a particular case, a court of appeals may accept documents that do not meet all the form requirements of this rule or the length limits set by these rules. (f) Items Excluded from Length. In computing any length limit, headings, footnotes, and quotations count toward the limit but the following items do not: • • • • • • • • • cover page; disclosure statement; table of contents; table of citations; statement regarding oral argument; addendum containing statutes, rules, or regulations; certificate of counsel; signature block; proof of service; and 69 • any item specifically excluded by these rules or by local rule.

(g) Certificate of Compliance. (1) Briefs and Papers That Require a Certificate. A brief submitted under Rules 28.1(e)(2), 29(b)(4), or 32(a)(7)(B)—and a paper submitted under Rules 5(c)(1), 21(d)(1), 27(d)(2)(A), 27(d)(2)(C), or 40(d)(3)(A)—must include a certificate by the attorney, or an unrepresented party, that the document complies with the type-volume limitation. The person preparing the certificate may rely on the word or line count of the word-processing system used to prepare the document.

The certificate must state the number of words—or the number of lines of monospaced type—in the document. (2) Acceptable Form. Form 6 in the Appendix of Forms meets the requirements for a certificate of compliance.