Okay Paras, how many of us have had a matter that was filed in State court, get appealed to the Federal Court? Now we have to switch our mind set to dealing with Federal Rules and procedures which is not always easy. In most cases, if not all cases, we’ve forgotten the steps that we need to take for Federal Court matters. Plus, lets admit it, it’s confusing. One thing me must remember is to prepare the record and appendix.

For clarification purposes, the Appendix is referred to as the “excerpts of records”. The Record means the Court’s entire file including all filings, audio records from hearings, transcripts, and all other documents in the lower court’s file. But how does the Appellate Judge review the records? I am sure the Judge does not want to take several hours trying to review everything and somethings might not even be important. This is when the Appendix comes in. The Appendix gives the Judge the meat of the case or the documents necessary to demonstrate the trial attorney’s reasoning as to why the lower court made an error. Please note, each state varies in how you must draft the Appendix. Please always refer to your specific local state rules on how to draft an Appendix. 

For paralegals, the first step is usually requesting a transcript that details of all of the pleadings filed in the lower court. From here, the Trial Attorney will choose what documents go into the appendix. This is a very important process because the documents chosen will demonstrate the error claimed. The documents included on the docket will direct the court’s attention to specific pleadings. Be sure to include the Judgment or Order; the operative pleadings etc. The appendix must include everything necessary to fully analyze the issues in the appeal. Be mindful of adding unnecessary items as Attorneys are known for getting sanctioned for including unnecessary material in the appendix.