Potpourri

You Made your Case

In cooperation with your opponent, prepare the Joint Appendix.

The rules of most appellate courts provide for the filing of a Joint Appendix, which contains those parts of the record on which the parties intend to rely. In the Supreme Court of the United States, this must contain (1) the relevant docket entries in the courts below, (2) any relevant pleadings, jury instructions, findings, conclusions, or opinions, (3) the judgment, order, or decision under review, and (4) any other parts of the record that the parties particularly wish to bring to the Court’s attention.
You obviously can’t know with complete certainty what you want included in the Joint Appendix until you know what your arguments will be, and you can’t be sure of that until your brief is finished. If your court, like the Supreme Court of the United States, permits the parties to request deferral of the Joint Appendix until after the briefs are filed, take advantage of that option. If that is not possible, be overinclusive rather than underinclusive.

Source : Antonin Scalia and Bryan A Garner

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