Problem & Solution–What to do if documents are missing from a Record on Appeal or Appendix

Problem: You just sat down to write your Respondent’s Brief with the Appellant’s Brief and Record on Appeal/Appendix in hand. Shortly after starting to review the appellate filing, though, you realize that there are documents missing!! Documents that either belong in the Record on Appeal or should have been included for your benefit in the Appendix. What should your next step be?

Solution: Below are the methods of supplementing an incomplete Record on Appeal/Appendix. Each can be useful in different situations…

“Tip-In” is a term we use here at PrintingHouse Press to describe the action taken when a few point-numbered pages (and an updated Table of Contents) are added into a previously filed Record or Appendix. This method is used when the parties have stipulated to a limited amount of pages being included in the filing.

Supplemental Record
A Supplemental Record can be filed by an Appellant or Respondent. In order to file a Supplemental Record, either the parties must stipulate or a motion must be granted by the Court. This is primarily done for larger amounts of missing Record documents.

Supplemental Appendix
Like the Supplemental Record, a Supplemental Appendix can only be filed after the parties have signed a stipulation or a motion has been granted. Supplemental Appendices are usually only filed by an Appellant as Respondents have another course of action when supplementing an Appendix.

Respondent’s Appendix
A Respondent’s Appendix is the alternative to a Supplemental Appendix. It can be filed as of right by a Respondent when an Appellant has filed an Appendix–no stipulation or motion needed. A Respondent’s Appendix is generally filed at the same time as the Respondent’s Brief.