The remainder of this Rule does not apply to appeals

in which the appellant is pro se or is represented by counsel appointed pursuant to 18 U.S.C. § 3006A. See 10th Cir.

R. 10.1.

The appendix is prepared and electronically filed by the appellant. A hard copy of the electronic appendix is required only if ordered by the court. If a hard copy is ordered, it must be an exact replica of the electronically filed appendix. This Rule also applies to appeals from the Tax Court.

(A) Timing. (1) Electronic filing. The appendix must be filed electronically at the same time the opening brief is filed. See 10th Cir.

107 R. 31.1(A)(1) (noting the brief and appendix must be filed within 40 days after the district court clerk notifies the parties and the circuit clerk that the record is complete). (2) Deferred appendix. Parties seeking to submit a deferred appendix under Federal Rule of Appellate Procedure 30(c) may file a motion seeking an exception to these requirements. (B) Content.

(1) Appellant’s duty. An appellant who is represented by retained counsel, or who is an attorney representing himself or herself, must electronically file an appendix sufficient for considering and deciding the issues on appeal. The requirements of Rule 10.4 for the contents of a record on appeal apply to appellant’s appendix. See also 10th Cir.

R. 10.2(A) (addressing appellant’s duty with regard to transcripts). (2) Social Security cases. In Social Security cases, the entire administrative record must be included in the appendix. In appropriate situations, the appellant may file a motion seeking an exemption from electronic filing of the administrative record, and a waiver of service requirements for the administrative record.

If an exemption from electronic filing is granted, the appellant must submit a hard copy of the appendix. See 10th Cir.

R. 30.1(A)(2).

(3) Inadequate Appendix. The court need not remedy any failure of counsel to provide an adequate appendix. See 10th Cir.

R. 10.4(B).

(C) Multiple appellants. When multiple appellants are allowed to file separate briefs under Rule 31.3(B), separate appendices may be filed. But counsel must avoid duplication of items included in a previously filed appendix; duplicative items may be adopted by reference. A single agreed appendix is preferred.

(D) Form. Important Note: Counsel should review the Court’s CM/ECF User Manual at Sections II and III and in particular III(G) for important technical information and instructions regarding the electronic appendix. These sections also include important information regarding submission of the required single hard copy of the appendix. See www.ca10.uscourts.gov.

108 (1) Cover; pagination. Each volume of an appendix must have a white cover with the information required by Federal Rule of Appellate Procedure 32(a)(2) and (b). The appendix must be consecutively paginated. However, volumes within a multi-volume appendix may be paginated independently.

That is, while the appendix need not be paginated consecutively across multiple volumes, each volume must be paginated consecutively. Citations to the appendix must make clear the volume and page cited. (2) Index or table of contents. All appendices must include an index or table of contents of documents with appropriate volume and page numbers noting where the documents appear.

If the appendix consists of multiple volumes, each volume must include an index or table of contents. (3) File stamped. Documents in the appendix should show the district court’s electronic stamp, but they need not be certified. (4) District court docket entries.

A copy of the district court’s docket entries should always be the first document in the appendix. (5) Order of documents. Documents should be arranged in chronological order according to the filing date; other papers such as exhibits and transcript excerpts should be at the end. (6) Separate volumes.

Where the appendix is large, separate volumes should be created to allow for manageable review of the materials, and each volume should have its own cover page identifying that volume number. Individual volumes should not exceed 300 pages in length. If a hard copy of the appendix is ordered, the number of electronic volumes must match the number of hard copy volumes; the court strongly encourages the use of spiral binding; and the use of three-ring binders is prohibited. (7) Sealed documents; form and motion requirement.

Copies of documents intended for filing under seal should be submitted in a separate volume, using the ECF option for filing under seal. If the appendix includes sealed materials it must be accompanied by a separate motion to seal in accordance with Rule 25.6. Pretrial services reports, presentence reports, and statements of reasons in 109 criminal cases constitute an exception to this motion requirement. 10th Cir.

R. 11.3(C).

(E) Service of the Appendix. The electronic appendix must be served on every other party to the appeal. Parties may use the court’s CM/ECF system to accomplish that service. See 10th Cir.

R. 25.4.

If served electronically, a hard copy need not be served on other parties. If an exemption is allowed under Rule 30.3(A) and only hard copies of the appendix are filed, a hard copy of the appendix must be served on every other party to the appeal. See 10th Cir. R. 25.3 (regarding seeking exemptions from electronic filing requirements); 10th Cir.

R. 30.3(A).

(F) Order appealed must be submitted with brief. Filing an appendix does not relieve counsel of the requirements of Rule 28.2(A). 30.2 Supplemental appendix. (A) Appellee’s appendix.

(1) Filing. An appellee who believes that the appellant’s appendix omits items that should be included may file a supplemental appendix with the answer brief. Supplemental appendices shall comply with Rule 30.1(D)(1)-(7), and shall be filed electronically and served in the same manner as is described in Rule 30.1(E). (2) Appointed counsel.

If all appellants are represented by retained counsel, appointed counsel for an appellee may file a supplemental appendix and apply for reimbursement when the voucher or the statement of hours and expenses is filed. (B) No other appendix. No other appendix may be filed except by order of the court. 30.3 Appendix exemptions.

(A) Waiver of electronic appendix requirement. Any party may move to be exempt from the electronic appendix requirement by filing a motion at least 7 days prior to the due date for the principal brief and appendix. Except as provided in Rule 30.1(B)(2) for Social Security cases, if an exemption is granted, two hard copies of the required appendix must be filed with the Clerk within 5 days following issuance of notice that the electronic brief is compliant. A hard copy of the appendix must 110 be served on all other parties to the appeal within that same 5 day period.

(B) Particular documents. If certain record materials cannot be readily copied, put in electronic form, or electronically filed, a party may seek to exempt those materials from the electronic appendix by filing a motion at least 7 days prior to the due date for the principal brief and appendix. (C) Waiver of appendix requirement in pro bono cases. In pro bono cases, if production or creation of an appendix is too costly for the appellant to bear, the appellant may file a motion to proceed on a record on appeal.

111 Fed. R. App. P. 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. (As amended Apr. 24, 1998, eff. Dec.

1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; May 7, 2009, eff.

Dec. 1, 2009; Apr. 26, 2018, eff. Dec.

1, 2018.) 112 10th Cir.

R. 31 31.1 Opening brief for appellant/petitioner.

(A) Appeals from district court. (1) Retained Counsel. When the appellant is required to file an appendix, the appellant’s brief and appendix must be filed within 40 days after the date the district court Clerk (as required by Rule 11.1) notifies the parties and the circuit Clerk that the record is complete for purposes of appeal. (2) Appointed counsel; pro se.

In all other cases, appellant’s opening brief must be filed and served according to Federal Rule of Appellate Procedure 31(a). (B) Review and enforcement proceedings. In cases seeking review or enforcement of agency orders, petitioner’s opening brief must be filed within 40 days after the date when the certified list is filed or the date when the record is filed, whichever occurs first. 31.2 Joint briefing in criminal appeals.

Codefendants in criminal appeals may each file a brief or may join in a single brief. Joint briefs must bear all the appellate case numbers and captions of all appeals. The United States is encouraged to file a single brief. 31.3 Joint briefing in civil appeals.

(A) Multiple parties. In civil cases involving more than one appellant or appellee, including consolidated cases, all parties on a side (including intervenors) must-to the extent practicable-file a single brief. Where, however, multiple response briefs are filed pursuant to Rule 31.3(B), the appellant may file only one reply except upon motion to the court seeking an exemption. (B) Certificate of counsel.

Any brief filed separately by one of multiple parties on a side must contain a certificate plainly stating the reasons why the separate brief is necessary. The only exception to this requirement is if the only other party on a side filing separately is a government entity under Rule 31.3(D). (C) Extension of time. On motion, the Clerk may extend the time for briefing to allow the parties time to coordinate a single brief.

113 (D) Government entities exempt. This rule does not apply to government entities. 31.4 Extensions. Extensions of time to file briefs are disfavored.

See 10th Cir.

R. 27.6(A).

31.5 Hard copies and service of briefs. Hard copies of electronically filed briefs are required only if ordered by the court. In addition, counseled parties and amicus curiae must serve a copy of all briefs on each unrepresented party and all counsel for each separately represented party. Service may be provided electronically through the court’s ECF system to attorneys and to pro se parties who have consented to electronic service or received permission to file electronically.

Service must be made in another manner on persons who are entitled to notice but are not electronic filers in the case. For more information regarding filing briefs, please see the court’s CM/ECF User Manual at Section III(E). See http://www.ca10.uscourts.gov. 114 Fed. R. App. P. 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 ; (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 115 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 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 10 ½ 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 a printed judicial or agency decision. 116 (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 of 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; 117 • certificates of counsel; • signature block; • proof of service; and • any item specifically excluded by these rules or by local rule. (g) Certificates 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), 40(b)(1)-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. (As amended Apr. 24, 1998, eff. Dec.

1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr.

25, 2005, eff. Dec. 1, 2005; Apr. 28, 2016, eff.

Dec. 1, 2016; Apr. 25, 2019, eff. Dec.

1, 2019; Apr. 2, 2024, eff. Dec. 1, 2024.)