Federal and Local Bankruptcy Rules

FRBP Rule 8018: Serving and Filing Briefs; Appendices

TIME TO SERVE AND FILE A BRIEF. The following rules apply unless the district court or BAP by order in a particular case excuses the filing of briefs or specifies different time limits:
1. The appellant must serve and file a brief within 30 days after the docketing of notice that the record has been transmitted or is available electronically.
2. The appellee must serve and file a brief within 30 days after service of the appellant’s brief.
3. The appellant may serve and file a reply brief within 14 days after service of the appellee’s brief, but a reply brief must be filed at least 7 days before scheduled argument unless the district court or BAP, for good cause, allows a later filing.
4. If an appellant fails to file a brief on time or within an extended time authorized by the district court or BAP, an appellee may move to dismiss the appeal—or the district court or BAP, after notice, may dismiss the appeal on its own motion. An appellee who fails to file a brief will not be heard at oral argument unless the district court or BAP grants permission.
DUTY TO SERVE AND FILE AN APPENDIX TO THE BRIEF.
1. Appellant. Subject to subdivision (e) and Rule 8009(d), the appellant must serve and file with its principal brief excerpts of the record as an appendix. It must contain the following:
  1. the relevant entries in the bankruptcy docket;
  2. the complaint and answer, or other equivalent filings;
  3. the judgment, order, or decree from which the appeal is taken;
  4. any other orders, pleadings, jury instructions, findings, conclusions, or opinions relevant to the appeal;
  5. the notice of appeal; and
  6. any relevant transcript or portion of it.
2. Appellee. The appellee may also serve and file with its brief an appendix that contains material required to be included by the appellant or relevant to the appeal or cross-appeal, but omitted by the appellant.
3. Cross-Appellee. The appellant as cross-appellee may also serve and file with its response an appendix that contains material relevant to matters raised initially by the principal brief in the cross-appeal, but omitted by the cross-appellant.
FORMAT OF THE APPENDIX. The appendix must begin with a table of contents identifying the page at which each part begins. The relevant docket entries must follow the table of contents. Other parts of the record must follow chronologically. When pages from the transcript of proceedings are placed in the appendix, the transcript page numbers must be shown in brackets immediately before the included pages. Omissions in the text of documents or of the transcript must be indicated by asterisks. Immaterial formal matters (captions, subscriptions, acknowledgments, and the like) should be omitted.
EXHIBITS. Exhibits designated for inclusion in the appendix may be reproduced in a separate volume or volumes, suitably indexed.
APPEAL ON THE ORIGINAL RECORD WITHOUT AN APPENDIX. The district court or BAP may, either by rule for all cases or classes of cases or by order in a particular case, dispense with the appendix and permit an appeal to proceed on the original record, with the submission of any relevant parts of the record that the district court or BAP orders the parties to file.

L.R. 8018-1. Form of Appendix

In accordance with 10th Cir. BAP L.R. 8009-1, the appendix constitutes the record on appeal and must contain all excerpts from the record relevant to the appeal.

FORM. The appendix must be separate from a brief.
COVER. The appendix must have a cover page containing the following:
1. the case caption;
2. the title “Appendix,” with the name of the filing party; and
3. the attorney or pro se party’s name, address, telephone number, and ECF e-mail address (or for exempt filers, who consent to be served by e-mail, an e-mail address for service).
TABLE OF CONTENTS. The table of contents required by Fed. R. Bankr. P. 8018(c) must include the full name of each document contained in the appendix and the bankruptcy court docket number.
PAGINATION. The appendix must be consecutively paginated in such a manner that the appendix page numbers are distinguishable from any existing page numbers on the underlying documents.
TRANSCRIPTS. The appendix must contain all transcripts necessary for this Court’s review. Transcripts submitted to this Court must be prepared in accordance with Fed. R. Bankr. P. 5007(a) and Fed. R. Bankr. P. 8009(b).
EXHIBITS. Exhibits that are part of the record on appeal must be included in the appendix when they are relevant to an issue raised on appeal and are referred to in the brief.
DOCUMENTS CONSIDERED. Only documents properly before the bankruptcy court may be included in the appendix and considered by this Court.
MULTIPLE PARTIES. Appellants or appellees may file joint briefs. If appellants or appellees file separate briefs, they may file separate appendices; however, they should not duplicate items included in a previously-filed appendix and may adopt the items by reference.
SEALED DOCUMENTS. No later than the filing of a motion, brief, or appendix disclosing materials held under seal by another court, or that a party seeks to place under seal, the party must:
1. file a motion to place the documents under seal, which explains the basis for sealing and the period of time the seal is to be maintained;
2. segregate the portion of the document to be sealed; and
3. file the segregated portion of the document in the ECF system using the “Sealed Documents” category, or, if the filer is exempt pursuant to 10th Cir. BAP L.R. 8001-2(a), file the document in accordance with 10th Cir. BAP L.R. 8001-2(b) with a label on the cover stating that the document is to be filed under seal.

Federal Rules

Federal and Local Bankruptcy Rules

FRBP Rule 8018: Serving and Filing Briefs; Appendices

L.R. 8018-1. Form of Appendix

Federal Rules