6 Cir. R. 30

of Appendix

(a) When an Appendix is Required. An appendix is required only in the following cases,

unless the court directs otherwise. In other cases, an appendix is unnecessary and must

not be filed. The court will have the district court electronic record available.

(1) District Court Appeal. An appeal from a district court where 6 Cir. R. 30(b)(2)

requires certain documents that are not part of the district court's electronic record

to be included in an appendix—except social security cases (where the

administrative record is filed instead of an appendix).

(2) Tax Court Appeal. An appeal from the United States Tax Court.

(3) Agency Appeal. A petition to review or application to enforce the decision of a

federal administrative agency - except immigration review petitions described in 6

Cir. R. 30(f)(2) (where the administrative record is filed instead of an appendix).

(b) Appendix Contents.

(1) General Requirement. The parties and the court may rely on parts of the record

not included in the appendix, except as provided in 6 Cir. R. 30(b)(5)(A). When

required, the appendix is limited to parts of the record necessary for the court to

understand the issues and decide the appeal. Inclusion of unnecessary parts or

omission of necessary parts may result in sanctions under 6 Cir. R. 30(h).

(2) District Court Appeals. In an appeal from the district court, the appendix, when

required, must include the current district court docket sheet and those items listed

below that are not part of the district court's electronic record:

(A) in appeals in cases under 28 U.S.C. § 2254:

(i) all unpublished state court opinions in previous proceedings related

to the issues raised in the petition;

(ii) the trial transcript;

(iii) the transcription of the state court record if required by 6 Cir. R.

30(b)(5); and

(iv) a transcript of any post-conviction state court hearing, if previously

transcribed and available.

(B) other parts of the record - including all or part of exhibits or transcript pages

- necessary for the court to understand the issues and decide the appeal, in

chronological order; and

(C) certification that the documents in the appendix are properly part of the

record.

(3) Tax Court Appeals. In an appeal from the Tax Court, the appendix must include:

(A) the current Tax Court docket sheet;

(B) the complaint;

(C) other pleadings or motions relevant to the arguments on appeal;

(D) the judgment from which the appeal is taken;

(E) relevant memorandum opinions, opinions from the bench, and findings of

fact and conclusions of law;

(F) the notice of appeal;

(G) other parts of the record —including all or part of exhibits or transcript

pages—necessary for the court to understand the issues and decide the

appeal, in chronological order; and

(H) certification that the documents in the appendix are properly part of the

record.

(4) Agency Appeals. In an agency appeal, the appendix must include:

(A) the order sought to be reviewed or enforced;

(B) supporting opinions, findings of fact, and conclusions of law;

(C) the petition for review or application for enforcement;

(D) other parts of the record —including all or part of exhibits or transcript

pages—necessary for the court to understand the issues and decide the

appeal, in chronological order; and

(E) certification that the documents in the appendix are properly part of the

record.

(5) State Habeas Corpus Appeals; Transcript Where There Is No Written State

Court Record.

(A) Transcript Required. Where the state court record is not in writing, the

appendix must also include a written transcript of the parts of the state court

record that each party deems necessary for the court to understand the issues

and decide the appeal. The transcript may b e prepared by any method that

provides an adequate written record. A party may not rely on a part of the

state court record not reduced to written form.

(B) Appellant's Duty to Provide Transcript. The appellant must provide the

transcript to the appellee within 30 days of filing the notice of appeal. The

circuit clerk may grant an additional 30 days. Where, because of the length

of the record, more than 60 days are required, the appellant must request

additional time by motion within the 60-day period.

(C) Appellee May Provide Additional Transcript. An appellee who

believes that a transcript of other parts of the state court record is necessary

must provide the transcript to the appellant within 30 days of the appellant's

filing the transcript. The time may be extended as under subrule (b)(5)(B).

(D) Dispute About Accuracy of the Transcript. The parties must resolve

disputes about accuracy of the transcript under Fed. R. App. P. 10(e).

(c) Who Must File the Appendix and When.

(1) Generally. This subrule (c)(1) applies in all cases where an appendix is required

except those in subrules (c)(2)-(3).

(A) Appellant. The appellant must file and serve the appendix with its

principal brief.

(B) Appellee. If the appellee determines that the appellant did not include a

necessary part of the record, the appellee may file and serve the omissions

as a separate appendix with its brief. The pagination must be consecutive,

beginning with the next page number after the last page of the appellant's

appendix.

(2) State Habeas Corpus Appeals. In a state habeas corpus appeal where the

plaintiff is pro se and in forma pauperis, the defendant respondent must file the

appendix with defendant's brief.

(3) Black Lung Appeals. In an appeal from an administrative decision on a claim for

black lung benefits, where the appellant is pro se and in forma pauperis, the director

must file the appendix with the director's brief.

(d) Manner of Filing.

(1) Electronic Filing Required. The appendix must be filed electronically, except as

provided in subrule (d)(2).

(2) Exceptions to Electronic Filing. Five copies of the appendix must be filed in

paper format in the following instances:

(A) In Pro Per Filings. An appendix filed by a party not represented by

counsel.

(B) Large Documents. An appendix that exceeds the limit for the size of

electronic filing, as specified in the electronic case filing section of the

court's web site.

(C) State Death Penalty Cases. A case involving a state prisoner under a

death sentence where the district court record includes parts of the state

court record.

(e) Form.

(1) Pagination and Transcript Identification. The appendix must be paginated.

The original pagination of a transcript must be placed in brackets.

(2) Order of Items. The appendix must contain the following items in the following

order:

(A) Table of Contents. A table of contents at the beginning. For each

document, the table must:

• describe the document;

• include the record entry number from the court or agency

below, where available; and

• identify the appendix page where the document appears.

(B) Index. If the appendix contains a transcript of testimony, an alphabetical

list of witnesses, with the date, the proceeding (such as trial, hearing, or

deposition), and the appendix page where the testimony begins.

(C) Other items. The items in the order set out in 6 Cir. R. 30(b).

(D) Proof of Service. The proof of service required by Fed. R. App. P. 25(d).

The appendix will not be considered filed unless it includes the proof of

service.

(3) Multi-Volume Appendix. Transcripts and exhibits may appear at the end of the

appendix or in a separate volume or volumes. If the appendix has more than one

volume, each volume must be consecutively paginated and must contain the full

table of contents and index required by 6 Cir. R. 30(e)(2)(A) and (B). The table of

contents and index in each volume must include the contents of all appendix

volumes.

(f) Administrative Record Filed Instead of Appendix. The administrative record must be

filed and no appendix is required in the following cases.

(1) Social Security Cases. In appeals from a district court on review of a decision of

the Commissioner of Social Security, counsel for the Commissioner must file with

the Commissioner's brief four paginated copies of the administrative record.

(2) Immigration Review Petitions. This subrule (f)(2) applies to a petition for

review of a final order of exclusion, deportation, or removal under 8 U.S.C. § 1252.

The government must file and serve the administrative record as provided below.

The court will not accept a paper copy of the record unless it orders otherwise. The

court will issue a scheduling notice specifying the time to file and serve the record

and briefs.

(A) BIA Orders. In a case where the Board of Immigration Appeals issued

the final order of exclusion, deportation, or removal, the Executive Office

of Immigration Review must file four text- searchable, paginated copies of

the certified administrative record on CD-ROM.

(B) ICE Orders. In a case where U.S. Immigration and Customs Enforcement

issued the final order of exclusion, deportation, or removal —where the

Department of Homeland Security maintains the administrative record—the

Attorney General must file the certified administrative record in one of the

following ways:

(i) file one text-searchable, paginated copy on CD-ROM; or

(ii) file it using the electronic case filing system.

(C) Service. Service of the record is as follows, unless the court orders

otherwise:

(i) Represented Petitioner. When petitioner is represented, service

is by mailing a copy of the CD-ROM filed with the court or, when

the record is filed using the electronic case filing system, by service

as provided in 6 Cir. R. 25(f)(1).

(ii) Unrepresented Petitioner. Service on an unrepresented petitioner

is by mailing one paper copy of the record.

(g) Designation of Relevant Documents in Certain Cases.

(1) District Court Appeals. A party may not include documents from the district

court's electronic record in an appendix. To facilitate the court's reference to the

electronic record, each party must include in its principal brief a designation of

documents.

(A) Documents to Be Designated. The designation must include the

following:

(i) the complaint or indictment;

(ii) other pleadings or motions relevant to the arguments on appeal;

(iii) the judgment from which the appeal is taken;

(iv) relevant memorandum opinions or opinions from the bench,

findings of fact and conclusions of law, and reports and

recommendations of a magistrate judge and objections to the reports

and recommendations;

(v) the notice of appeal; and

(vi) other parts of the record - including all or part of exhibits or

transcript pages - necessary for the court to understand the issues

and decide the appeal, in chronological order.

(B) Form of Designation. The designation must be at the end of the brief as

an addendum and include for each document:

the district court's record entry number;

a description of the document; and

the page number of the consecutively-paginated electronic record.

(C) Counsel shall ensure that all documents included in the designation have

been included in the electronic district court record and bear the “ Page ID

#” of the consecutively paginated record referred to above.

(2) Immigration Review Petitions. In cases where the government files the

administrative record under 6 Cir. R. 30(f)(2), each party must include in its

principal brief a designation of the documents in 6 Cir. R. 30(b)(4). The

designation must be at the end of the brief as an addendum a nd include for each

document:

• a description of the document; and

• the page number of the administrative record where the document is

located.

(h) Sanctions. The court may dismiss the appeal or impose other sanctions for failing to file

an appendix when required, filing an appendix substantially out of compliance with this

rule, or otherwise violating this rule.