FED. R. APP. P. WITH 5TH CIR. R. & IOPs
30-3
(f) Appeal on the Original Record Without an Appendix. The court may, either by rule
for all cases or classes of cases or by order in a particular case, dispense with the appendix
and permit an appeal to proceed on the original record with any copies of the record, or
relevant parts, that the court may order the parties to file.
FIFTH
CIRCUIT RULE 30
30.1 Records on Appeal/Record Excerpts/Appendix - Appeals from District Courts, the
Tax Court, and Agencies. Appeals from district courts and the Tax Court are decided on the
original record on appeal (ROA). The clerk is authorized to require the party receiving the
ROA to pay reasonable shipping costs as a condition of receiving the record. Moreover,
counsel and unrepresented parties must review the ROA within 20 days of dispatch from the
clerk’s office and advise electronically or in writing both the appropriate District Court (or
the Tax Court, if appropriate) and Fifth Circuit clerk’s offices of any errors in, or omissions
from, the ROA. Failure to comply may result in a denial of any requested extension of time
to file a brief due to an alleged error in, or incomplete ROA. Record excerpts are filed in lieu
of the appendix prescribed by F
ED. R. APP. P. 30. Petitions for review or enforcement of
agency orders are governed by 5TH CIR. R. 30.2, but parties may be required to pay reasonable
shipping costs, and are responsible for timely review of the record and the notification
requirements set out above.
30.1.1 Purpose. The record excerpts are intended primarily to assist the judges in
making the screening decision on the need for oral argument and in preparing for oral
argument. Counsel need excerpt only those parts of the record that will assist in these
functions.
30.1.2 Filing. Four paper copies of excerpts of the district court record must
accompany the appellant’s brief, see 5
TH CIR. R. 30.1.4 and 30.1.5. If exempt from electronic
filing under 5
TH CIR. R. 25.2, all appellants represented by counsel must file an electronic copy
of the record excerpts on a CD, computer diskette, or such other electronic medium as the
clerk may authorize. The electronic copy must be in a single Portable Document Format
(PDF) file; contain nothing other than the record excerpts; and have as the first page of the
electronic copy an index to the contents. If submitted on a CD, diskette, or other authorized
physical media, the electronic version must have a label containing the case name and docket
number and state “Record Excerpts.” The appellant must serve a paper and electronic copy
of the excerpts on counsel for each of the parties separately represented; a paper copy on any
party proceeding pro se, and an electronic copy, if the pro se party is not an inmate confined
in an institution. The appellee may similarly submit and serve additional record excerpts with
the appellee’s principal brief, with the required copies furnished to the clerk accompanying
the appellee’s brief.
30.1.3 Prisoner Petitions Without Representation by Counsel. Prisoners without
counsel are not required to prepare and file record excerpts.