The 11th Circuit Court of Appeals—like all of the federal circuit courts—uses both the Federal Rules of Appellate Procedure (FRAP), as well as its own set of local rules. The FRAP lays out general practice standards for all of the federal appellate courts, but also allows the circuits to issue their own rules that can expand, limit, or even contradict the FRAP. Accordingly, when you prepare a brief for filing in the 11th Circuit, you should reference both the FRAP and the local rules.
In one particular area—appendix composition and form under Rule 30—the 11th Circuit Court of Appeals deviates significantly from the FRAP. Local Rule 30-1 bluntly states, “Other than FRAP 30(a)(1)
So, the 11th Circuit Court of Appeals appellant will be required to prepare and file a volume that is completely unique in the federal appellate courts, if not the entire world.
The first challenge requires the appellant to assemble the very specific list of documents required in the 11th Circuit Court of Appeals. After restating the basic elements described in FRAP 30(a)(1), Local Rule 30-1 goes on to specifically describe fifteen documents the Court has pre-determined to be relevant. The appendix must be assembled with each of these documents in the order listed.
Next, the individual items in the appendix must be separated by indexing tabs. But simply delineating the documents as 1, 2, 3, etc., using standard tab sets you can find in any office supply store is not sufficient. Each tab must be labeled with the item’s document number as listed on the lower court docket sheet. That means plenty of quality time with a label maker.
Finally, the appendix volume must be bound across the top, and not down the left side. The 11th Circuit Court of Appeals appellant may have a difficult time finding a consumer product that will allow for this unusual kind of binding.
At Cockle Legal Briefs, we are very familiar with the 11th Circuit appendix. We have the experts who can help make sure all of the required documents are included, and we have the equipment and experience to make sure the final volume conforms to the Court’s rules. If you prefer to focus your attention on drafting the brief, and not on assembling this weird appendix, give us a call, or send us an email.