APPENDIX TO THE BRIEFS

30.1 Number to be Filed (a) Counsel must electronically file the appendix in accordance with L.A.R. Misc. 113. (b) In addition to the electronic appendix, four paper copies of the appendix must be filed for the convenience of the court, unless otherwise ordered. (c) In addition to an electronic and paper appendix, hyperlinks to the appendix may be added to the brief.

If hyperlinks are used, the brief must also contain immediately preceding the hyperlink a reference to the paper appendix page. Hyperlinks to testimony must be to a transcript. A motion must be filed and granted seeking permission to hyperlink to an audio or video file before such links may be included in the brief or appendix. Hyperlinks may not be used to link to sealed or restricted documents.

(d) In Virgin Island cases only, one additional copy of the appendix must be filed with the clerk of the district court in the location from which the appeal is taken (St. Thomas or St. Croix). (e) When hearing or rehearing by the court en banc is ordered, the parties will be directed to file additional paper copies for the court's use. Source: 1988 Court Rule 10.1 Cross-references: FRAP 30(a); 3d Cir. L.A.R. 31.1 and L.A.R. Misc.

113. Committee Comments: The portions of prior Court Rule 10.1 that were repetitive of FRAP 30(a) were deleted in 1995. The rule now clarifies that upon the grant of a petition for rehearing, additional copies of the appendix as well as the briefs will be ordered. Otherwise no substantive change from prior Court Rule 10.1 is intended.

The requirement of electronic filing was added in 2008. See addendum to these rules for alternative to electronic filing. 30.2 Hearing on Original Papers In cases involving applications for a writ of habeas corpus under 28 U.S.C. §§ 2241, 2254 or 2255, or when permission has been granted for the appellant to proceed in forma pauperis, the appeal will be heard on the original record. Appellants in such cases must strictly Table of Contents 25 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011 comply with the requirements of 3d Cir.

L.A.R. 32.2(c) with respect to inclusion of the trial court's opinion or order in the brief, and must also include copies of the docket entries in the proceedings below and the notice of appeal and any order granting a certificate of appealability. These documents must be included in both the electronic and paper brief. In any other case, this court, upon motion, may dispense with the requirement of an appendix and permit an appeal or petition to be heard on the original record, with such copies of the record, or relevant parts thereof, as the court may require. Source: 1988 Court Rule 10.2 Cross-references: FRAP 30(f); 3d Cir.

L.A.R. Misc. 113. Committee Comments: The requirement of prior Court Rule 10.2 that habeas corpus petitioners or appellants proceeding in forma pauperis attach to their briefs copies of the district court opinion or order appealed from were deleted in 1995 as repetitious of 3d Cir. L.A.R. 32.2(c).

3d Cir. L.A.R. 30.2 cautions such appellants of the importance of complying with 3d Cir. L.A.R. 32.2(c), and further requires them to attach copies of the docket entries below and notice of appeal to the opening brief. The requirement of attaching a copy of the order granting a certificate of appealability was added in 2002.

The requirement of electronic filing was added in 2008. 30.3 Contents of Appendix (a) Relevant portions of a trial transcript, exhibit, or other parts of the record referred to in the briefs must be included in the appendix at such length as may be necessary to preserve context. Relevant portions of the district court briefs may be included in the appendix only if necessary to show whether an issue was raised or an argument was made in the district court or in the proceeding being reviewed. Transcript portions are not considered relevant under this rule merely because they are referred to in the Statement of the Case or Statement of Facts, if they are not otherwise necessary for an understanding of the issues presented for decision.

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 must provide all the evidence of record which supports the challenged determination. In all appeals in this court, the appendix must contain, in addition to the requirements of FRAP 30(a), a table of contents with page references, a copy of the notice of appeal, the relevant opinions of the trial court or bankruptcy court, or the opinion or report and recommendation of the magistrate judge, or the decision of the administrative agency, and a copy of any order granting a certificate of appealability. (b) Records sealed in the district court and not unsealed by order of the court must be not be included in the paper appendix. Paper copies of sealed documents must be filed in a separate sealed envelope.

When filed electronically, sealed documents must be filed as a separate docket entry as a sealed volume. Table of Contents 26 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011 (c) In an appeal challenging a criminal sentence, the appellant must file, at the time of filing the appendix, four copies of the Presentence Investigation Report and the statement of reasons for the sentence, in four sealed envelopes appropriately labeled. Grand jury materials protected by Fed. R. Crim. P. 6(c), presentence reports, statements of reasons for the sentence and any other similar material in a criminal case or a case collaterally attacking a conviction (cases under 28 U.S.C. §§ 2241, 2254, 2255) must be filed electronically and in paper as separate sealed volumes. (e) The documents listed in L.A.R. 32.2(c) that must be included in volume one of the appendix may be attached to the paper brief.

(f) Litigants proceeding pro se may, but are not required to, file an electronic appendix. Source: 1988 Court Rule 10.3 Cross-references: FRAP 30(a), (b) and (f); 3d Cir. L.A.R. 32.0, Misc. 106.1(c) and