10th Cir. R. 28

28.1 References to appendix or record.

(A) Record references. For each issue raised on appeal, all briefs

must cite the precise references in the record where the issue

was raised and ruled on. Counsel are encouraged to include a

footnote in the briefs at the point of the first record citation to

confirm the citation convention.

(1) Appendix. References to the appendix should be by

volume and page number (e.g., App. Vol. 2 at 27, or Supp.

App. Vol. 2 at 14).

(2) Record. In cases without an appendix, references to the

record should be to the record volume and page number

(e.g., ROA, Vol. II, at 6). References to the transcript

should be by volume and page number.

(B) Particular record references. Briefs must cite the precise

references in the record where a required objection was made

and ruled on, if the appeal is based on:

(1) a failure to admit or exclude evidence;

(2) the giving of or refusal to give a particular jury instruction;

or

(3) any other act or ruling for which a party must record an

objection to preserve the right to appeal.

28.2 Additional requirements.

(A) Appellant’s brief. In addition to all other requirements of the

Federal Rules of Appellate Procedure and these rules, the

appellant’s brief must include as an attachment the following

(even though they are also included in the appendix or record):

(1) copies of all pertinent written findings, conclusions,

opinions, or orders of a district judge, bankruptcy judge, or

magistrate judge (if the district court adopts a magistrate’s

report and recommendation, that report must also be

included);

(2) if any judicial pronouncement listed in (1) is oral, a copy of

the transcript pages;

(3) in social security cases, copies of the decisions of the

administrative law judge and the appeals council;

(4) in immigration cases, a copy of the transcript from the

Immigration Judge’s oral ruling, plus copies of the written

rulings of the Immigration Judge and the Board of

Immigration Appeals; and

(5) the judgment.

(B) Appellee’s brief. If the appellant’s brief fails to attach all the

rulings required by (A), the appellee’s brief must attach them.

(C) All principal briefs.

(1) Name of court, judge, and originating case number.

The front cover of each brief must contain the name of the

court, the judge whose judgment is being appealed, and

the originating case number.

(2) Oral argument statement. The front cover of each party’s

first brief must state whether oral argument is requested. If

argument is requested, a statement of the reasons why

argument is necessary must follow the brief’s conclusion.

(3) Statement of related cases. At the end of the Table of

Authorities, the first brief filed by each party must list all

prior or related appeals, with appropriate citations, or a

statement that there are no prior or related appeals.

(4) Glossary. All briefs containing acronyms or abbreviations

not in common use (other than names of parties) must

include a Glossary on a page immediately following the

Table of Authorities.

(5) Brief Attachments and the Table of Contents. All

attachments to briefs, including those required by Rule

28.2(A), shall be identified and included in the Table of

Contents.

(6) Citizenship Statement in Appeals Based on Diversity

Jurisdiction—Identifying Members and Partners.

Where the asserted basis for federal jurisdiction is

28 U.S.C. § 1332 and a party or parties to the appeal are

formed as a limited liability company (LLC), partnership, or

any other unincorporated entity, each party so defined

must:

(a) include in that party’s brief a statement identifying each

of its members and their states of citizenship; and

(b) submit a supplemental statement if any of the required

information changes.

See Americold Realty Tr. v. Conagra Foods, Inc., 577 U.S. 378,

382 (2016) (for diversity jurisdiction, the citizenship of an

unincorporated entity depends on the citizenship of all of its

members).

28.3 Disfavored practices.

(A) Motions to exceed word counts are disfavored. Motions to

exceed the word count will be denied unless extraordinary and

compelling circumstances can be shown. A motion filed within

14 days of the brief’s due date must show why earlier filing was

not possible.

(B) Incorporating by reference disapproved. Incorporating by

reference portions of lower court or agency briefs or pleadings is

disapproved and does not satisfy the requirements of Federal

Rules of Appellate Procedure 28(a) and (b).

(C) Use of passim disapproved. The Table of Authorities must not

use the "passim" notation, but must instead list every page on

which an authority is cited. Page ranges may be used if the

authority is cited on every page in the range (e.g., "7-10" instead

of "7, 8, 9, 10").