Typical Rule 9(d) Documentary Exhibits
Notes on Documentary Exhibits:
Rule 9(d) allows for certain documentary exhibits to be presented to the appellate court in a separate volume, often titled "Rule 9(d) Documentary Exhibits." If multiple exhibits are filed, a separate index must be included. An example of such an index is provided below, after the printed record. Be sure that the index notes the existence of any oversized or tangible exhibits (e.g., a firearm). The Rule 9(d) Documentary Exhibits must be consecutively paginated. For example, a collection of trial exhibits totaling 150 pages might be set forth in a volume of Rule 9(d) Documentary Exhibits, indexed, and numbered at the top center, "Doc. Ex. 1" through "Doc. Ex. 150." The "Doc. Ex." numbering should represent consecutive page numbers-not the underlying trial exhibit numbers. Briefs may cite simply to "Doc. Ex. 57" instead of, for example, "Plaintiff's Exhibit 9- Attachments to Mr. Bell's Resident Admission Agreement, at page 3." Note, however, that the Rules alternatively allow for inclusion of discovery materials (e.g., interrogatories and answers, requests for admission) in the printed record instead, or in the Rule 9(d) Supplement, at the option of the parties. See N.C. R. App. P. 9(c)(4). Oversized and tangible exhibits may be included in the record in accordance with Rule 9(d). Although only a single copy of each oversized or tangible exhibit must be filed, it may be useful to include an additional, smaller copy of an oversized exhibit in the printed record or a supplement, as appropriate, provided that the Rule 9(d) Index makes clear that the oversized or tangible exhibit is also being submitted. The printed record on appeal is reproduced in black and white. One way to submit a color document is to include it in the Rule 9(d) Supplement you prepare and submit yourself. Regardless, be sure that any documents that were originally in color that are included in the printed record remain readable when reproduced in black and white. A color photo included in the printed record, for example, may just look like a black rectangle to the appellate court.No. _____ TWENTY-FOURTH DISTRICT
SUPREME COURT OF NORTH CAROLINA
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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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RULE 9(d) DOCUMENTARY EXHIBITS
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INDEX
Plaintiff's Exhibit 1-Lionel Bell's "Mental State Examination" ........................................................ 1
Plaintiff's Exhibit 2-Lionel Bell's Rehabilitation Services Speech-Language Pathology Evaluation ............................................................. 9
Plaintiff's Exhibit 5-Excerpts of Lionel Bell's Medical Records ................................................................ 14
Plaintiff's Exhibit 9-Attachments to Mr. Bell's Resident Admission Agreement ......................... 55
Plaintiff's Exhibit 10-X-Ray of Lionel Bell (reduced exhibit) (oversize original of X-Ray also submitted separately) .......................................................... 64
COASTAL MEDICAL CENTER
Lionel Bell
123 Anywhere Lane
New Bern, North Carolina 28560
** MENTAL STATE EXAMINATION **
Lionel presents as a ....
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Dr. Strangelove