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Notice to the Bar

Monday, February 27, 2017

The Clerk's Office has noticed an increase in the number of appellant briefs that are non-compliant because the addendum is either missing or does not include required documents, such as the written memorandum and order, ruling, judgment or other document setting forth the reasoning for the decision from which the appeal is taken. In addition to the requirements of Fed. R. App. P. 28, the brief of the appellant must include an addendum containing the following required items:

The judgments, decisions, rulings, or orders appealed from, including any supporting explanation (e.g., a written or transcript opinion), and in addition, where the district court or agency whose decision is under review was itself reviewing or acting upon the decision of a lower-level decision-maker, that lower-level decision as well (e.g., a recommended decision by a magistrate judge or an initial decision by an administrative law judge).

Note: If the decision appealed from is a text-only entry upon a docket report, a copy of the relevant entry or page of the docket report should be provided.

1st Cir. R. 28.0(a)(1).

The court of appeals judges rely heavily on the addendum. The addendum should be bound at the back of the brief and must begin with a table of contents identifying the page at which each part begins. The electronic version of the brief and addendum should be filed as a single electronic document. For additional details regarding the addendum, including the form, optional but encouraged items, the page limits for optional items, and the handling of sealed items, see 1st Cir. R. 28.0(a).

Link to Notice.