THE EXCERPTS OF RECORD 30-1.1 Purpose. (a) In the Ninth Circuit the appendix prescribed by FRAP 30 is not required. Instead, Circuit Rule 30-1 requires the parties to prepare excerpts of record. All members of the panel assigned to hear the appeal ordinarily will not have the entire record. The purpose of the excerpts of record is to provide each member of the panel with those portions of the record necessary to reach a decision. The parties should ensure that in accordance with the limitations of Rule 30-1, those parts of the record necessary to permit an informed analysis of their positions are included in the excerpts. (b) Excerpts of record must be filed in all cases. The requirements for petitions for review and applications for enforcement of agency decisions are set forth at Rule 17-1. In appeals from district court decisions reviewing agency actions, the excerpts of record shall comply with Rule 30-1 and shall include as well the materials required by Rule 17-1. 30-1.2 Unrepresented Litigants. Appellants and appellees proceedings without counsel need not file the excerpts, supplemental excerpts and further excerpts of record described in this section. (New 1-1-05) 30-1.3 Appellant’s Initial Excerpts of Record. At the time the appellant’s opening brief is filed, the appellant shall file five (5) copies of excerpts of record bound separately from the briefs. The appellant shall serve one (1) copy of the excerpts on each of the other parties. 30-1.4 Required Contents of the Excerpts of Record. (a) In all appeals the excerpts of record shall include: (i) the notice of appeal; (ii) the trial court docket sheet; (iii) the judgment or interlocutory order appealed from; (iv) any opinion, findings of fact or conclusions of law relating to the judgment or order appealed from; (v) any other orders or rulings, including minute orders, sought to be reviewed; (vi) any jury instruction given or refused which presents an issue on appeal; (vii) except as provided in Circuit Rule 30-1.4(b)(ii), where an issue on appeal is based upon a challenge to the admission or exclusion of evidence, that specific portion of the reporter’s transcript recording any discussion by court or counsel involving the evidence, offer of proof, ruling or order, and objections at issue; (viii) except as provided in Circuit Rule 30-1.4(b)(ii), where an issue on appeal is based upon a challenge to any other ruling, order, finding of fact, or conclusion of law, and that ruling, order, finding or conclusion was delivered orally, that specific portion of the reporter’s transcript recording any discussion by court or counsel in which the assignment of error is alleged to rest; (ix) where an issue on appeal is based upon a challenge to the allowance or rejection of jury instructions, that specific portion of the reporter’s transcript recording any discussion by court or counsel involving the instructions at issue, including the ruling or order, and objections; (x) where an issue on appeal is based on written exhibits (including affidavits), those specific portions of the exhibits necessary to resolve the issue; and (xi) any other specific portions of any documents in the record that are cited in appellant’s briefs and necessary to the resolution of an issue on appeal. (b) In addition to the items required by Circuit Rule 30-1.4(a), in all criminal appeals and motions for relief under 28 U. S. C. § 2255 the excerpts of record shall also include: (i) the final indictment; and (ii) where an issue on appeal concerns matters raised at a suppression hearing, change of plea hearing or sentencing hearing, the relevant portions of reporter’s transcript of that hearing. Cross Reference: Circuit Rule 30-1.9, Presentence Reports. (c) In addition to the items required by Circuit Rule 30-1.4(a), in all civil appeals the excerpts of record shall also include: (i) the final pretrial order, or, if the final pretrial order does not set out the issues to be tried, the final complaint and answer, petition and response, or other pleadings setting out those issues, and; (ii) where the appeal is from the grant or denial of a motion, those specific portions of any affidavits, declarations, exhibits or similar attachments submitted in support of or in opposition to the motion that are essential to the resolution of an issue on appeal; and (iii) where the appeal is from a district court order reviewing an agency’s benefits determination, the entire reporter’s transcript of proceedings before the administrative law judge if such transcript was filed with the district court. Cross Reference: Circuit Rule 28-2.5, Reviewability and Standard of Review. 30-1.5 Items Not to Be Included in the Excerpts of Record. The excerpts of record shall not include briefs or other memoranda of law filed in the district court unless necessary to the resolution of an issue on appeal, and shall include only those pages necessary therefor. Cross Reference: Circuit Rule 30-2, Sanctions. 30-1.6 Format of Excerpts of Record. The documents which comprise the excerpts of record need not be certified as true copies, but if possible the district court or agency’s “filed” stamp should appear on each document. The documents in the excerpts should be arranged by file date in chronological order with the document with the earliest file date on top. The document with the earliest file date should appear under the first tab or should be paginated beginning with page 1. The trial court docket sheet should always be the last document in the excerpts. The five (5) copies of the excerpts are to be reproduced on letter size light paper by any duplicating or copying process capable of producing a clear black image, and each copy must be securely bound on the left side and must have a white cover styled as described in FRAP 32(a). The excerpts must be either consecutively paginated beginning with page 1, or the documents marked with tabs corresponding to the tab number, if any, of the documents in the clerk’s record. If tabs are used, the pages within the tabs must be consecutively paginated. The excerpts must begin with an index organized chronologically describing the documents, exhibits and portions of the reporter’s transcript contained therein, the location where the documents and exhibits may be found in the district court record, and the page where the documents, exhibits or transcript portions may be found in the excerpts. The information on the front cover of the excerpts of record should be styled exactly as a brief except that the wording “Excerpts of Record” should be substituted for “Brief of Appellant.” In those unusual cases in which the total number of pages in the excerpts exceeds 300 pages, the excerpts shall be filed in multiple volumes, with each volume containing 300 pages or fewer. (Rev. 7/1/98, 12/02) Appellants proceeding without the assistance of counsel who file the form brief provided by the Clerk pursuant to Circuit Rule 28-1 and who are required to file an excerpt of record need not comply with the technical requirements of this rule if they attach to their form briefs the documents comprising the excerpts of record. (Rev. 1/96) 30-1.7 Appellee’s Supplemental Excerpts of Record. If the appellee believes that the excerpts of record filed by the appellant exclude items which are required under this rule, or if argument in the answering brief requires review of portions of the reporter’s transcript or documents not included by appellant in the excerpts, the appellee shall, at the time of the appellee’s brief is filed, file supplemental excerpts of record, prepared pursuant to this rule, comprised of the omitted items. Appellee shall file five (5) copies of the supplemental excerpts. The appellee shall serve one copy of the supplemental excerpts of record on each of the other parties. If appellant did not file excerpts of record under subsection 30-1.3 of this rule, the contents of appellee’s supplemental excerpts are limited to the district court docket sheet, the notice of appeal, the judgment or order appealed from, and any specific portion of the record cited in appellee’s brief. (New 1-1-05) 30-1.8 Further Excerpts of Record. (a) If the reply brief requires review of portions of the reporter’s transcript or documents not included in the previously filed excerpts, appellant shall, at the time the reply brief is filed, file supplemental excerpts of record. Appellant shall file five (5) copies of the supplemental excerpts and shall serve one (1) copy of such excerpts of record on each of the other parties. (b) If a supplemental brief filed pursuant to court order requires review of portions of the reporter’s transcript or documents not included in any previously filed excerpts, the party filing the supplemental brief, shall, at the time the supplemental brief is filed, file additional excerpts of record. The party shall file five (5) copies of the excerpts and shall serve one (1) copy of such excerpts of record one each of the other parties. (Eff. 7/1/98) 30-1.9 Additional Copies of the Excerpts of Record. Should the Court of Appeals consider a case en banc, the Clerk of the Court of Appeals will require counsel to submit an additional 20 copies of the excerpts of record. 30-1.10 Presentence Reports. In all cases in which the presentence report is referenced in the brief, the party filing such brief must forward four copies of the presentence report and may forward four (4) copies of any other relevant confidential sentencing documents under seal to the Clerk of the Court of Appeals. This filing shall be accomplished by mailing the four (4) copies of the presentence report in a sealed envelope which reflects the title and number of the cases and that four (4) copies of the presentence report are enclosed. The copies of the presentence report shall accompany the brief and excerpts of record. The presentence report shall remain under seal but be provided by the Clerk to the panel hearing the case. (Eff. 7/1/97) Cross Reference: Circuit Rule 27-13, Motions to Seal.

Vegas Law