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8.5.17 APPENDIX

Few courts have rules that require an appendix for every brief. As noted previously, however, an appendix may be appropriate when legislation is too lengthy to reprint in the “applicable statutes” section of the brief.

If an appendix is necessary, do not simply attach copies of statutes printed from Lexis, Bloomberg, or Westlaw. Instead, retype the statutes in a readable format, or download the text into a word processing system and reformat the text, using typefaces and margins that promote readability.

Local rules and local practice will dictate the items that you include in the appendix. In general, you should include any information to which the court may need to refer while it considers the case, and which it will not have easy access to otherwise. Note that some court rules may require an appendix in certain circumstances; some trial courts, for example, may require that counsel attach copies of unpublished decisions or of decisions from courts of another jurisdiction.

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Source: Beazley Mary Beth. A Practical Guide to Appellate Advocacy. Fifth Edition. — Wolters Kluwer Law,2018. — 475 p.. 2018
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