(1) Required Contents: In designating or agreeing upon the contents of the appendix, and in assembling the appendix, the parties should avoid unnecessary duplication of materials. The appellee's designation should only include those additional parts of the record to which it wishes to direct the Court's attention that have not already been designated by the appellant.
(2) Table of Contents; Witness Names and Type of Examination: The table of contents to the appendix should be sufficiently detailed to be helpful to the Court. Referring to the transcript of a trial under a single reference to "proceeding" or "trial transcript" is not sufficient. When the testimony of a witness is included in the appendix, the testimony should be clearly identified in the table of contents, beneath the proceeding in which it occurred. The name of the testifying witness and the type of examination (e.g., direct, cross, redirect, or recross) should also be clearly indicated at the top of each page of the appendix where the witness's testimony appears. Exhibits should be listed in the table of contents by number or letter and by name or brief description.
(3) Organization. Volume 1 of the Joint Appendix shall include all decisions being appealed, reviewed, or collaterally challenged, whether oral or written, final or interim. Unless the entire Joint Appendix will be submitted in a single volume, Volume 1 should not include any other material. Volume 1 will ordinarily include: the judgment or interlocutory order appealed from; any other order or ruling sought to be reviewed; the transcript of any oral ruling; the entire sentencing transcript in a sentencing appeal; and any relevant state court decision in a habeas proceeding. Volume 1 should be organized chronologically, and documents in Volume 1 should not be duplicated in later volumes. Later volumes should be organized chronologically. Single volume joint appendixes should begin with the documents enumerated in this rule, followed by all other documents in chronological order.
(4) Sentencing Guideline Appeals: In all criminal appeals seeking review of the application of the sentencing guidelines, appellant shall include the sentencing hearing transcript and presentence report in the appendix. The presentence report must be included in a separate sealed volume, stamped "SEALED" on the volume itself and on the envelope containing it, and be accompanied by a certificate stating that the volume contains sealed material. In criminal cases in which presentence reports are being filed for multiple defendants, each presentence report must be placed in a separate, sealed volume that is served only on counsel for the United States and for the defendant who is the subject of the report.
(A) Filing: One paper copy and one electronic copy of any joint, sealed, or supplemental appendix must be filed. The Court will order the filing of additional paper copies for oral argument or if otherwise needed by the Court.
(B) Service: If the electronic appendix is served on counsel and on any party not represented by counsel, service of the paper appendix is not required. One paper copy of any sealed appendix volume must be served on lead counsel for each party separately represented who is authorized to have access to the sealed volume and on any party not represented by counsel who is authorized to have access to the sealed volume.
