Federal Rules of Appellate Procedure 2014-2015, 2014a

Technical amendments also are made to subdivisions (a), (b) and (c) which are not
intended to be substantive changes.
Taxation of Fees in Appeals in Which the Requirement of an Appendix Is Dispensed With
The Judicial Conference of the United States at its session on October 28th and 29th
approved the following resolution relating to fees to be taxed in the courts of appeals as submitted
by the Judicial Council of the Ninth Circuit with the proviso that its application to any court of
appeals shall be at the election of each such court:
For some time it has been the practice in the Ninth Circuit Court of Appeals to dispense
with an appendix in an appellate record and to hear the appeal on the original record, with a
number of copies thereof being supplied (Rule 30f, Federal Rules of Appellate Procedure). It has
been the practice of the Court to tax a fee of $5 in small records and $10 in large records for the
time of the clerk involved in preparing such appeals and by way of reimbursement for postage
expense. Judicial Conference approval heretofore has not been secured and the Judicial Council of
the Ninth Circuit now seeks to fix a flat fee of $15 to be charged as fees for costs to be charged by
any court of appeals "in any appeal in which the requirement of an appendix is dispensed with
pursuant to Rule 30f, Federal Rules of Appellate Procedure."
Notes of Advisory Committee on Rules—1991 Amendment
Subdivision (b). The amendment requires a cross appellant to serve the appellant with a
statement of the issues that the cross appellant intends to pursue on appeal. No later than ten days
after the record is filed, the appellant and cross appellant must serve each other with a statement of
the issues each intends to present for review and with a designation of the parts of the record that
each wants included in the appendix. Within the next ten days, both the appellee and the cross
appellee may designate additional materials for inclusion in the appendix. The appellant must then
include in the appendix the parts thus designated for both the appeal and any cross appeals. The
Committee expects that simultaneous compliance with this subdivision by an appellant and a cross
appellant will be feasible in most cases. If a cross appellant cannot fairly be expected to comply
until receipt of the appellant's statement of issues, relief may be sought by motion in the court of
appeals.
Notes of Advisory Committee on Rules—1994 Amendment
Subdivision (a). The only substantive change is to allow a court to require the filing of a
greater number of copies of an appendix as well as a lesser number.
Committee Notes on Rules—1998 Amendment
The language and organization of the rule are amended to make the rule more easily
understood. In addition to changes made to improve the understanding, the Advisory Committee
has changed language to make style and terminology consistent throughout the appellate rules.
These changes are intended to be stylistic only.
Subdivision (a). Paragraph (a)(3) is amended so that it is consistent with Rule 31(b). An
unrepresented party proceeding in forma pauperis is only required to file 4 copies of the appendix
rather than 10.