Serving Paralegals For More Than 30 Years

Appellate Court Filings 

The process for filing Appellate Court documents is similar to the Trial Court filing procedures but there are some important differences.  Some important points to know:

  • E-filing in the appellate court is already mandatory

  • The Notice of Appeal is filed conventionally – not electronically - App. R. 9

  • Formatting rules were revised as of July 1, 2016  (Appellate Rules - official) 

  • In contrast to the trial court procedure, the appellate procedure requires that each Lead Document be filed in a separate envelope because all filings in an envelope must be have the same Document Code

  • The Appendix will always consist of at least 2 volumes because…

    • The Table of Contents to the Appendix will always be in its own volume by itself

  • The remaining Appendix will be divided into additional volumes to meet size requirements

  • Each volume of an Appendix is limited to the lesser of 250 pages or 50 MB.

  • The Appendix volumes are filed as Attachments to the Lead Document Brief UNLESS the envelope size would exceed the 50 MB limit in which case the filing should  be divided into multiple envelopes

Common Errors:

  •  Left-justified headers are missing – App. R. 43(H)
  • Pages are numbered incorrectly – App. R. 43(F), App. R. 51(C)
  • Appendix table of contents isn’t submitted as a separate volume – App. R. 51(F)
  • Audio or video exhibits improperly included – App. R. 29(B)

List of appellate filing codes

  • Additional Authority
  • Affidavit
  • Answer/Response
  • Appearance
  • Brief/Appendix/Addendum
  • Motion/Petition
  • Notice of Exclusion of Confidential Information
  • Notice/Acknowledgment
  • Petition to Transfer
  • Proposed Order
  • Service Only
  • Trial Court Record

 

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