1st Cir. R. 11.0

(a) Duty of Appellant. In addition to an appellant’s duties under Fed. R. App. P. 11(a), it is an

appellant’s responsibility to see that the record, as certified, is complete.

(b) Transmission of the Record. The district court will not transmit the full record except upon

request of the circuit clerk. Rather, the district court will transmit to the circuit clerk

electronically a copy of the notice of appeal, the order(s) being appealed, and a certified copy

of the district court docket report in lieu of transmitting the entire record. Sealed documents

will not be included in this abbreviated electronic record. Rather, any sealed documents or

sealed docket reports/entries will be transmitted to the circuit clerk in hard copy whether or

not electronically available. In addition, any papers and exhibits which are not electronically

available will also be transmitted to the circuit clerk. The entire electronic district court

record is available to the court of appeals whether or not individ ual documents are

transmitted as part of the abbreviated electronic record or later supplemented.

(c) Sealed Materials.

(1) Materials Sealed by District Court or Agency Order. The court of appeals expects that

ordinarily motions to seal all or part of a district court or agency record will be presented

to, and resolved by, the lower court or agency. Motions, briefs, transcripts, and other

materials which were filed with the district court or agency under seal and which

constitute part of the record transmitted to the court of appeals shall be clearly labeled as

sealed when transmitted to the court of appeals and will remain under seal until further

order of court.

(2) Motions to Seal in the Court of Appeals. In order to seal in the court of appeals materials

not already sealed in the district court or agency ( e.g., a brief or unsealed portion of the

record), a motion to seal must be filed in paper form in the court of appeals; parties cannot

seal otherwise public documents merely by agreement or by labeling them “sealed.” A

motion to seal, which should not itself be filed under seal, must explain the basis for

sealing and specify the desired duration of the sealing order. If discussion of confidential

material is necessary to support the motion to seal, that discussion shall be confined to an

affidavit or declaration, which may be filed provisionally under seal. A motion to seal may

be filed before the sealed material is submitted or, alternatively the item to be sealed (e.g.,

the brief) may be tendered with the motion and, upon request, will be accepted

provisionally under seal, subject to the court’s subsequent ruling on the motion. Material

submitted by a party under seal, provisionally or otherwise must be stamped or labeled by

the party on the cover “FILED UNDER SEAL.” If the court of appeals denies the movant’s

motion to seal, any materials tendered under provisional seal will be returned to the

movant. Motions to seal or sealed documents should never be filed electronically. See 1st

Cir. R. 25.0.

(3) Limiting Sealed Filings. Rather than automatically requesting the sealing of an entire

brief, motion, or other filing, litigants should consider whether argument relating to

sealed materials may be contained in separate supplemental brief, motion, or filing, which

may then be sealed in accordance with the procedures in subsection (2).

(d) References to Sealed Materials.

(1) Records or materials sealed by district court, court of appeals, or agency order shall not

be included in the regular appendix, but may be submitted in a separate, sealed

supplemental volume of appendix. The sealed supplemental volume must be clearly and

prominently labeled by the party on the cover “FILED UNDER SEAL.”

(2) In addressing material under seal in an unsealed brief or motion or oral argument counsel

are expected not to disclose the substance of the sealed material and to apprise the court

that the material in question is sealed. If the record contains sealed materials of a

sensitive character, counsel would be well advised to alert the court to the existence of

such materials and their location by a footnote appended to the “Statement of the Case”

caption in the opening or answering brief.