A Typical Printed Record on Appeal in a Civil Case
No. _________
TWENTY-FOURTH DISTRICT
NORTH CAROLINA COURT OF APPEALS
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[Plaintiff's Name as in Final Judgment or Order on Appeal], Plaintiff, | From Avery County [Case Number as in Final] Judgment or Order on Appeal |
v. | |
[Defendant's Name as in Final Judgment or Order on Appeal], Defendant. |
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PRINTED RECORD ON APPEAL
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INDEX
Statement of Organization of Trial Court ..................... 1
Statement of Jurisdiction .............................................. 1
Plaintiff's Complaint [filed 1 April 2022] ...................... 3
Defendant's Answer [filed 24 April 2022] ..................... 3
Pre-Trial Order [filed 1 November 2022] ...................... 3
Jury Instructions [given 15 November 2022] .............. 3
Proposed Jury Instructions [submitted 14 November 2022] .................................................... 3
Jury Verdict [filed 15 November 2022] ......................... 3
Post-Verdict Motions and Rulings................................. 3
Judgment [filed 15 November 2022] ............................. 3
[Plaintiff's] Notice of Appeal with Certificate of Service [filed 21 November 2022]...................................... 4
Statement of Transcript Option .................................... 7
Transcript Documentation ............................................ 8
Statement of Rule 11(c) Supplement .......................... 13
Objections to Record by Appellee ................................ 14
Stipulation Settling Record on Appeal ........................ 15
[Plaintiff's] Proposed Issue[s] on Appeal ..................... 21
Identification of Counsel for the Appeal ..................... 23
Certificate of Service of Proposed Record on Appeal .. 23
Certificate of Service of Final Record on Appeal ........ 23
Notes on Cover Page of Printed Record on Appeal:
The case number ("No.") in the top left-hand corner is left blank. See N.C. R. App. P. Appendix B. The Clerk's office will assign a number when the record is filed, and it will appear in the printed record on appeal.o In some circumstances, one or both parties will have filed a motion (e.g., for extension of time) or a petition (e.g., for writ of supersedeas) before the record on appeal has been filed. In those situations, the Clerk's office will have assigned a temporary case number, designated with a "P" (e.g., "COA 09 -P100").
o This "P number" will not correspond to the docket number later assigned to the appeal.
o Many "P number" documents should be included in the subsequently filed record on appeal under Rule 9, including orders extending time and orders disposing of a petition for writ of supersedeas or certiorari.
The Judicial District from which the case arises should be listed in the top right corner. See N.C. R. App. P. Appendix B. Note that the Judicial Districts were realigned in 2019. The proper Judicial District can be retrieved here. To the right of the parties' names should appear the county from which the case comes and the indictment or docket numbers of the case below. The county name stays on all subsequent documents, but after the case is assigned its own case number by the appellate court, the trial docket number is dropped from subsequent filings. See N.C. R. App. P. Appendix B. Any new typed material within the Printed Record (e.g., Statement of Organization of Trial Court") "should be single-spaced, with double spaces between paragraphs." N.C. R. App. P. Appendix B. Comparatively, the body of the notice of appeal, appellate petitions, motions, briefs, and responses should be double-spaced. Id. Generally, margins for the non-index pages in the Printed Record are 1-inch all around. See N.C. R. App. P. Rule 26(g)(1). Index entries, on the other hand, are indented 0.75-inch from both standard 1-inch margins (or, put another way, the index line has margins of 1.75-inches from each side, yielding a 5-inch line in the middle). See N.C. R. App. P. Appendix B. Though not required, it is helpful to the appellate courts to provide additional explanatory material in the index entries, such as identifying which party filed the pleading, the date it was filed, etc. One way to include such explanatory information is to present the added material in brackets, as shown in the sample index above. Procedures for the record on appeal in criminal cases and juvenile cases are presented below.STATEMENT OF ORGANIZATION OF TRIAL COURT
Plaintiff-Appellant appeals from the 15 November 2022 jury verdict and judgment dismissing Plaintiff's claim, rendered during the 1 November 2022 Civil Session of Superior Court of Avery County, the Honorable [Name of Judge], presiding. Plaintiff filed and served written notice of appeal on 21 November 2022.
The record on appeal was filed in the Court of Appeals on [date e-filed].
[Sample of "Statement of Jurisdiction" in a Civil Appeal]
STATEMENT OF JURISDICTION
This action was commenced by the filing of a complaint and issuance of summons on 1 April 2022. The parties acknowledge that the trial court had personal and subject-matter jurisdiction.
Notes on Statement of Jurisdiction:
In a civil case, if jurisdiction is not at issue, the parties can insert this statement. Nevertheless, it is advisable to include the summons and return of service, particularly in cases involving termination of parental rights. See, e.g., In re K.A.D., 187 N.C. App. 502, 504, 653 S.E.2d 427, 429 (2007) (concluding the trial court lacked subject-matter jurisdiction over petition to terminate parental rights when summons was not served on juvenile); Conner Bros. Mach. Co. v. Rogers, 177 N.C. App. 560, 561, 629 S.E.2d 344, 345 (2006) (holding that in the absence of issuance of a summons, the action is "deemed never to have commenced" and the court lacks subject-matter jurisdiction). In a criminal case, there is no "Statement of Jurisdiction," because a copy of the warrant or similar process usually follows the "Statement of Organization" page. An example of a jurisdictional statement in an administrative appeal is set forth below.[For Administrative Appeals Only - Alternative Sample of "Statement of Jurisdiction"]
STATEMENT OF JURISDICTION
This action was commenced by the filing of a petition for contested case hearing with the Office of Administrative Hearings, pursuant to N.C. Gen. Stat. § 150B-23 on 8 November 2022. The Administrative Law Judge issued a Decision on 6 December 2022. The Environmental Management Commission, pursuant to N.C. Gen. Stat. § 143B-282.1(b), issued the Final Agency Decision dated 4 January 2022, which was served on 5 January 2022. On 25 January 2022, Petitioner filed a Petition for Judicial Review in the Avery County Superior Court. The parties acknowledge that the Office of Administrative Hearings, the Environmental Management Commission, and the Superior Court of Avery County had personal and subject-matter jurisdiction.
Notes on Statement of Jurisdiction for Administrative Appeals:
The example set out above concerns an appeal from an agency decision pursuant to the North Carolina Administrative Procedure Act, Chapter 150B of the General Statutes. When the appeal of an agency decision is not governed by the Administrative Procedure Act, this example should be tailored accordingly. Rules 18 through 20 set forth requirements for administrative appeals directly to the appellate division under N.C. Gen. Stat. § 7A-29.[Copy of Complaint]
Note on Date Stamps:
Rule 9(b)(3) requires that all documents included in the Printed Record show the date on which they were filed. Often the Clerk's time stamp becomes illegible when copied, however. The easiest solution is to make a clear, handwritten, or typed date entry on the copy included in the record. For example, just above or just below the Clerk's stamp, you might type: "Filed 24 Jan. 2010." Obviously, this should only be done where there is no dispute about the filing of the document. If there is some dispute, do not mark the copy.[Copy of Answer]
[Copies of other pleadings necessary to understand issues presented on appeal. Refer to Rule 9(a) for a description of the documents to be included here. Note that discovery materials may be included here or may be submitted to the court separately. See N.C. R. App. P. 9(c)(4).]
[Copy of pre-trial order]
[Copy of transcript of jury charge given and copy of instruction proposed but omitted if relevant to the appeal]
[Copy of jury's verdict sheet]
Notes on Jury Instructions:
Rules 9(a)(1)(f) and 9(a)(3)(f) impose additional requirements when the appellant seeks to challenge the giving or omission of instructions to the jury. In such appeals, the appellant must include (after the pre-trial order) "a transcript of the entire charge given; and identification of the omitted instruction by setting out the requested instruction or its substance in the record on appeal immediately following the instruction given." N.C. R. App. P. 9(a)(1)(f), (3)(f). When the trial court issues a different instruction than the omitted instruction requested, it may be useful to recapitulate the actual instruction given, after the "entire charge" but before the presentation of the omitted instruction, for ease of comparison. That is, the record would present, in order:o The entire jury charge;
o The particular instruction challenged; and, if applicable,
o The particular instruction requested but omitted.
[Copy of post-verdict motions and rulings, if any and if relevant to the appeal]
[Copy of judgment]
[Notice of Appeal]
[See below for information regarding insertion of "Appeal Entries" in criminal cases. Juvenile cases also use appeal entries. See A Typical Printed Record on Appeal in a Juvenile Case section of this manual, infra, for more information about such documents.]
STATEMENT OF TRANSCRIPT OPTION
Per Rules 7(b) and 9(c) of the North Carolina Rules of Appellate Procedure, the transcript of the entire proceedings in this case (excepting the jury selection and arguments of counsel), taken by Jane Doe, Court Reporter, from 12 November 2022 through 15 November 2022, consisting of 399 pages, numbered 1-399, bound in one volume, will be electronically filed by Jane Doe promptly once a docket number is assigned to this appeal.
Transmitted with the record are the portions of the deposition of Wyle E. Coyote (Vol. 1, pages 10-45) that were submitted to the trial court in connection with the motion for summary judgment.
Notes on Statement of Transcript Option:
Under Rule 9(a)(1)(e), the appellant has the option of setting forth a narration of the proceedings below, per Rule 9(c)(1), or submitting a verbatim transcript of those proceedings, per Rule 9(c)(2).o The narration option might be selected if a verbatim transcript cannot be produced and such evidence is necessary to the appeal. Narration involves producing a written summary of such evidence, which is then placed directly in the record. If the parties cannot agree on the content of the narration, the trial judge can settle the narration under Rule 11(c), upon timely request for judicial settlement.
o If a verbatim transcript is used instead, the transcript is not included in the Printed Record, but rather the Printed Record must include a statement explaining that a verbatim transcript will be filed separately. See N.C. R. App. P. 9(a)(1)(e).
Appellate courts generally disfavor condensed transcripts (in which multiple pages are displayed on a single sheet of paper). If a transcript is only available in condensed format, consider converting it to a full-page format and entering a stipulation that the parties agree that the substituted transcript is authentic.[Copy of completed Appellate Division Transcript Documentation form]
STATEMENT OF RULE 11(c) SUPPLEMENT
In accordance with Rules 9(a) and 11(c) of the North Carolina Rules of Appellate Procedure, a "Rule 11(c) Supplement to the Printed Record on Appeal," consisting of 174 pages, numbered 175-348, is being filed contemporaneously herewith.
The Rule 11(c) Supplement will be referenced as "(R S p _____)."
Notes on Rule 11(c) Supplement:
Rule 11, which governs settlement of the record on appeal, was amended significantly in 2004 and 2007. The amendments limited and clarified judicial settlement of the record on appeal. Judicial settlement is now appropriate only when "any party to the appeal contends that materials proposed for inclusion in the record or for filing therewith pursuant to [Rule 9(c) or 9(d)] were not filed, served, submitted for consideration, admitted, or made the subject of an offer of proof, or that a statement or narration permitted by these rules is not factually accurate." N.C. R. App. P. 11(c). The 2007 amendments also created a new type of document, the "Rule 11(c) Supplement to the Printed Record on Appeal." If either party objects to inclusion of a particular document in the record, and the parties cannot agree on its inclusion, then per the 2007 amendments, that document should usually be submitted to the appellate court as part of the Rule 11(c) Supplement to the Printed Record. Note also that Rule 11(c) provides that "[i]f a party does not agree to the inclusion or specification of an exhibit or transcript in the printed record, the printed record shall include a statement that such items are separately filed along with the Rule 11(c) Supplement." N.C. R. App. P. 11(c). Any Rule 11(c) Supplement should be numbered consecutively to follow the last page of the printed record on appeal. See N.C. R. App. P. 9(b)(4). Citations to the Rule 11(c) Supplement should read: "(R S p ___)." The Rules also require "a statement, where appropriate, that a supplement compiled pursuant to Rule 11(c) [to be] filed with the record on appeal." N.C. R. App. P. 9(a)(1)(m). This statement should appear after the Statement of Transcript option and related documents. See N.C. R. App. P. Appendix C. On 19 December 2018, Rule 11(c) was amended to only require the filing of one copy of any Rule 11(c) Supplement rather than three copies as previously required. The amended Rule became effective on 1 January 2019. See19 December 2018 Order Amending the Rules of Appellate Procedure..[If applicable, a copy of any order entered at the trial court level extending time to produce the transcript(s) or serve the proposed Printed Record]
[If applicable, a copy of any order from the appellate court extending time to file the Record on Appeal, etc.]
Notes on Extensions of Time:
Extensions of time relating to the transcript or the record on appeal may be included here, because they relate to the "time limits relative to the perfecting of the appeal." N.C. R. App. P. 9(a)(1)(i), 9(a)(2)(h), and 9(a)(3)(h). Alternatively, the parties may set forth the relevant dates and extensions and stipulate that documents were timely filed and served. The idea is to demonstrate compliance with the time limits of the Rules by showing appropriate extensions of time at the trial court and, if necessary, the appellate division, at this point in the record.[Objections to the record by appellee, if necessary]
Note on Objections to Record by Appellee:
It is typically not necessary to include the objections to the proposed record, especially if the parties later settled the record by agreement. In that situation, the parties can simply include a stipulation explaining the procedural history of the record being settled, to show compliance with the time limits related to perfecting the appeal.[If needed, a copy of the court order settling the contents of the record on appeal. If settled by agreement of the parties, see the following page.]
STIPULATION SETTLING RECORD ON APPEAL
Counsel for the Plaintiff-Appellant and Defendant-Appellee stipulate as follows:
1. The proposed record on appeal was timely served on 15 February 2023. The certificate showing service of the proposed record may be omitted from the settled record.
2. Defendant's objections were served on 10 March 2023. Defendant objected to the omission of certain documents from the Record on Appeal and the inclusion of certain documents in the Record on Appeal. The parties came to an agreement as to which documents would be included in the printed record. Because no party moved for judicial settlement, the Record on Appeal was deemed settled on 20 March 2023.
[Alternative ¶ 2 where parties do not agree on the record]
2. Defendant's objections were served on 10 March 2023. Defendant objected to the omission of certain documents from the record. The parties were unable to reach an agreement about the inclusion of these documents in the printed record. The parties determined that judicial settlement of the supplemental record documents was inappropriate under the criteria listed in Rule 11(c). Accordingly, all of these documents are included in the Rule 11(c) Supplement to the Printed Record on Appeal. The parties shall cite to this document as "(R S p ____)." The grounds for excluding the supplemental record documents from the printed record are as follows:
a. Defendant contends that the deposition exhibits are not relevant to the proposed issues on appeal. Plaintiff contends that the exhibits are relevant and are therefore a proper part of the record. (See R S pp 101-10).
b. Defendant contends that because Plaintiff's Reply to Counterclaim was not filed until after the Notice of Appeal was filed, it is not relevant to this appeal. Plaintiff contends that the Reply is necessary for an understanding of the issues on appeal and is therefore a proper part of the record. (See R S pp 111-19).
3. All captions, signatures, headings of papers, certificates of service, and documents filed with the trial court that are not necessary for an understanding of the appeal may be omitted from the record, except as required by Rule 9 of the North Carolina Rules of Appellate Procedure.
4. The parties have undergone a reasonable search for duplicative or substantially similar documents in the record and in the Rule 9(d)(2) documentary exhibits. For voluminous duplicates, a slip sheet has been inserted into the record or into the Rule 9(d)(2) documentary exhibits indicating where in the record the exhibit is set forth in its entirety.
5. The portions of the deposition of Wyle E. Coyote (Vol. 1, pages 10-45) that were submitted to the trial court in connection with Plaintiff's motion for summary judgment were in condensed format. For ease of review, the parties include that deposition transcript in "full-page" format with this printed Record on Appeal. The parties stipulate that the full-page transcript is an accurate substitute for the condensed transcript.
6. The parties stipulate that the following documents constitute the agreed-upon Record on Appeal to be filed with the Clerk of the Court of Appeals:
a. This printed Record on Appeal, consisting of pages 1 to 100;
b. The trial transcript described in the Statement of Transcript Option (R p 7), which will be submitted by the court reporter upon receipt of a docket number for the appeal;
c. The deposition transcript described in the Statement of Transcript (R p 7) (a paper copy of which is filed along with this printed record);
d. Rule 9(d)(2) documentary exhibits consisting of 150 pages, consecutively numbered and cited as "Doc. Ex. 1" through "Doc. Ex. 150" and
e. The Rule 11(c)"Supplemental Record on Appeal" identified in stipulation 2, consisting of pages 101 to 119.
This 30th day of March, 2023.
For the Plaintiff-Appellant:
_____________________
[Name of Counsel]
For the Defendant-Appellee:
_____________________
[Name of Counsel]
Notes on Stipulation of Service and Settlement of Record:
Stipulations are useful for explaining how the record was settled and why parties are filing certain items separately from the record, and both show compliance with the Rules and allow clear identification of the status of material transmitted to the appellate court. For example, items are now placed in the Rule 11(c) Supplement because all parties do not agree to their inclusion in the record. The record should readily identify those items. The simplest and clearest way to do that is through a stipulation of settlement of the record. If the parties can stipulate to the contents of the record, the appellant may avoid the inclusion of a certificate showing the service of the proposed record. It is sensible and conventional, however, to recite the dates of serving the proposed record and later actions leading to the settlement of the record, so the appellate court can calculate compliance with the time limits. Rule 11 describes five different methods for settling the record and the time limits for those methods. The parties should demonstrate in the stipulations page the settlement method they used. Note that if neither party requests judicial settlement, the record is automatically deemed settled upon expiration of the ten-day period. N.C. R. App. P. 11(c). The stipulations page also gives the parties an opportunity to memorialize aspects of their agreement as to the construction of the record and to explain the same to the appellate court. For example, the parties may elect to omit duplicative copies of documents that appeared as attachments to multiple pleadings in the record. In such instance, the parties may include a stipulation to explain that slip sheets will appear instead of the duplicative copies (see below for example). Likewise, the parties may agree that depositions or exhibits should be cited in a certain format and include a stipulation to that effect. Whether the record is settled by agreement or by judicial settlement, the appellant must file the record with the appellate court within 15 days of settlement. N.C. R. App. P. 12(a). On 19 December 2018, Rule 9(d)(2) was amended to only require the filing of one copy of any Rule 9(d)(2) documentary exhibits rather than three copies as previously required. The amended Rule became effective on 1 January 2019. See19 December 2018 Order Amending the Rules of Appellate Procedure.[Optional: Sample Stipulation about Record Documents under Seal]
7. The parties to this appeal entered into an "Agreed Confidentiality and Protective Order" (R p ___) in the course of the litigation before the trial court below. Some of the exhibits considered by the trial court in arriving at the Judgment now on appeal were designated "Confidential" pursuant to that protective order. Defendant filed a series of "Notices of Submission of Confidential Documents to the Court" in the trial court, indicating that the exhibits supporting their motions to dismiss would be submitted to the trial court separately and not placed in the public court file. The parties now agree to the following provisions regarding such documents for purposes of this appeal:
a. All of Plaintiff's exhibits submitted to the trial court under seal are included in this Record on Appeal, designated as Rule 9(d)(2) documentary exhibits, and consist of 50 pages, including those marked Exhibits A through G. The Rule 9(d)(2) documentary exhibits are being filed with this Court UNDER SEAL.
b. The pages of the documentary exhibits have been labeled "Doc. Ex. ____" and may be cited as such. One copy of the documentary exhibits is being filed with this Court pursuant to Rule 9(d)(2) of the North Carolina Rules of Appellate Procedure.
c. The documentary exhibits are filed under seal and transmitted to the Court in sealed envelopes. Those exhibits subject to the protective order (including Exhibits A through G) should not be made available to the public.
d. The parties may freely discuss, disclose, and cite in their briefs and any other appellate filings the information contained in the sealed Rule 9(d)(2) documentary exhibits, provided that the parties do not reveal any account numbers, other banking identification information, or any trade secret information of Defendant.
Notes on Sealing Documents:
See below, under section VII(b) for more information regarding sealing documents and a Rule 42 Checklist.Notes on the Use of Slip Sheets When Omitting Documents:
The Rules impose a duty on counsel for all parties to ensure that the record on appeal does not contain unnecessary documents. N.C. R. App. P. 9(b)(2). The Court of Appeals has suggested that including "multiple copies of numerous documents" may violate this duty. In Re: J.J., No. COA09-577, 2009 N.C. App. LEXIS 1538, * 8 (N.C. App. Sept. 15, 2009) (unpublished). The Court of Appeals has also held, however, that counsel should make it clear to the Court if and where in the record any duplicative documents have been omitted. "At the place in the record in which a document was omitted, counsel should have included a notation of that fact. In other words, if a document had multiple attachments, counsel should have included a page listing the attachments that were omitted and referring to the pages in the record on appeal where copies of those documents could be found." Obo v. Steven B., 201 N.C. App. 532, 537, 687 S.E.2d 496, 499 (2009). To designate when the duplicative documents have been omitted from the record, counsel may insert a "slip sheet" in place of omitted documents. For example, in a case involving a lengthy will, the will may appear early in the record as an attachment to the complaint. A party's later motion for summary judgment may reattach the will. Instead of including the will twice, counsel might replace the second appearance of the will with a slip sheet notifying the appellate court that the will was submitted as an attachment to the motion but can be found in its entirety elsewhere in the record. An example of just such a slip sheet follows on the next page of this Style Manual. The motion for summary judgment itself would be included in full, but where the will had appeared as Exhibit A, a slip sheet like that below would be included instead. Because the use of slip sheets is intended to streamline the record without making it difficult for the appellate court to locate record documents, counsel should use their own judgment as to whether it is sensible to use slip sheets to replace short documents of only one or two pages.[Sample Slip Sheet for Omitted Document in Printed Record or Supplement]
EXHIBIT A to Motion to Dismiss
Last Will and Testament of Bob Hope
Duplicate Copy Omitted.
Original set forth in its entirety on R pp 17-35.
PROPOSED ISSUES ON APPEAL
Pursuant to Rules 10 and 9(a)(1) of the North Carolina Rules of Appellate Procedure, Plaintiff-Appellant intends to present the following proposed issues on appeal:
1. Did the trial court err in entering judgment for Defendant following the close of all evidence?
2. Did the trial court err in its finding of fact No. 5 when it was not supported by the evidence?
3. Did the trial court err in its conclusion of law No. 3?
Notes on Proposed Issues on Appeal:
The 2009 amendments abolished the former practice of "assigning error" to limit the scope of the appeal. In place of such assignments of error, the appellant (and, if necessary, the appellee) now need only present "proposed issues on appeal" in the record. Rule 10(b) explains that the proposed issues on appeal "are to facilitate the preparation of the record on appeal and shall not limit the scope of the issues presented on appeal in an appellant's brief." N.C. R. App. P. 10(b). Table 4 in Appendix C includes sample proposed issues on appeal. Each example reads, "Did the trial court err in . . . " Unlike assignments of error, a proposed issue on appeal need not state the "legal basis" for the error and is not binding on appeal. Nevertheless, it remains the best practice to identify and challenge here any findings of fact that underlie a conclusion of law that the appellant has listed as a proposed issue.Notes on the Rule 9(b)(5) Supplement to the Printed Record on Appeal:
The appellant may argue issues in its brief that were not forecast in the "Proposed Issues" listed in the record. If the appellee believes that certain documents should be included in the record to adequately respond to the new issues presented in the brief, it can supplement the record at the briefing stage by serving a copy of those documents on opposing counsel and filing one copy in a volume captioned "Rule 9(b)(5) Supplement to the Printed Record on Appeal." See N.C. R. App. P. 9(b)(5).o Prior to 1 January 2019, the appellee was required to file three copies of the Rule 9(b)(5) Supplement. Now, the appellee is only required to file one copy. See19 December 2018 Order Amending the Rules of Appellate Procedure.
Any such supplement is generally due no later than the due date for the responsive brief. The appellant might have reason to file a Rule 9(b)(5) Supplement as well, in cases in which the appellee raised its own proposed issues on appeal. See N.C. R. App. P. 9(b)(5), 10(c). The Rules do not specify how the Rule 9(b)(5) Supplement should be numbered. One option is to consecutively number the Rule 9(b)(5) Supplement after the last page of the printed record on appeal (or Rule 11(c) Supplement, if any), and cite to it: "(R S p ___)." The Rule 9(b)(5) Supplement should usually include a separate index for the convenience of the appellate court.[Copy of any order ruling upon a pro hac vice motion]
Notes on Pro Hac Vice Motions:
The Rules require that any order ruling upon a motion to appear pro hac vice be included in the record here. See N.C. R. App. P. 9(a)(1)(n), (a)(2)(j), (a)(3)(m). If a motion to appear pro hac vice has been filed but not ruled upon at the time the record is filed, the record shall include a statement that such a motion is pending and the date that motion was filed.IDENTIFICATION OF COUNSEL FOR THE APPEAL
For the Appellant: | [LAW FIRM NAME, if any, and only if counsel is retained and not appointed] [Name of Counsel] [Counsel's bar number] [Counsel's telephone number] [Counsel's email address] [Name of Co-Counsel, if applicable] [Co-Counsel's bar number] [Co-Counsel's telephone number] [Co-Counsel's email address] [Firm Address] |
For the Appellee: | [LAW FIRM NAME, if any, and only if counsel is retained and not appointed] [Name of Counsel] [Counsel's bar number] [Counsel's telephone number] [Counsel's email address] [Name of Co-Counsel, if applicable] [Co-Counsel's bar number] [Co-Counsel's telephone number] [Co-Counsel's email address] [Firm Address] |
Note on Identification of Counsel for the Appeal:
Rule 9(b)(4) and Appendix B require that the record identify the names, office addresses, telephone numbers, State Bar numbers, and e-mail addresses of counsel of record for all parties to the appeal.[Certificate of Service of Proposed Record on Appeal]
[Certificate of Service of Final Record on Appeal]
Note on Filing and Serving Papers:
Rule 26 describes the process of filing and serving papers in the Appellate Division. There are strict deadlines to be met in filing the record on appeal and in filing and serving briefs and other papers. Due to the varieties of deadlines and service methods, practitioners should consult Rule 26.