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Ch 6, p.24 APPELLATE PROCEDURE June 2010
c. The name of each witness whose testimony is included in the appendix shall be inserted on the
top of each appendix page where the witness’s testimony appears.
d. The transcript page number shall be placed in brackets at the place in the appendix where the
testimony from that transcript page begins.
e. The omission of any transcript page(s) or portion of a transcript page shall be indicated by a set
of three asterisks at the location on the appendix page where the matter has been omitted.
f. A condensed version of a transcript which complies with the requirements of rule 6.803(2)(f)
may be included in the appendix.
6.905(8) Separate volume for exhibits. Relevant portions of exhibits included in the appendix
may be indexed and contained in a separate volume or volumes. Relevant portions of the transcript
of a proceeding before an administrative agency, board, commission, or officer, used in an action in
the district court, may be regarded as an exhibit for the purpose of this rule.
6.905(9) Asterisks shall denote omitted portions of exhibits and other papers. If part of an exhibit
or other paper is omitted from the appendix, the omission shall be indicated by a set of three asterisks
at the location on the appendix page where the matter has been omitted.
6.905(10) Matters not included in the appendix.
a. Trial briefs shall not be included in the appendix unless necessary to establish preservation of
error on an issue argued on appeal. When included to establish error was preserved, relevant portions
of an unfiled trial brief shall be made a part of the record pursuant to rule 6.807.
b. The fact that parts of the record are not included in the appendix shall not prevent the parties or
the courts from relying on such parts.
6.905(11) Number of copies; time for service and filing. The appellant shall file 18 copies of each
volume of the appendix and any amendments with the clerk of the supreme court and serve one copy
on counsel for each party separately represented within 21 days after service or expiration of the time
for service of the appellee’s proof brief.
6.905(12) Amendments.
a. The appendix may be amended by agreement of all the parties at any time prior to assignment
of the appeal for submission to an appellate court. The written consent of all the parties shall be filed
with the amendment.
b. In the absence of agreement or after assignment of the appeal for submission to an appellate
court, the appendix may be amended only with leave of the appropriate appellate court. A proposed
amendment may be conditionally filed with a motion for leave to amend.
6.905(13) Cost of producing; taxation as costs on appeal.
a. The cost of producing the appendix shall initially be paid by the appellant unless the parties
otherwise agree. If, however, the appellant reasonably believes parts of the record designated by the
appellee for inclusion are unnecessary for the determination of the issues presented, the appellant may
so advise the appellee who shall advance the cost of including such parts. If any party shall cause
matters to be unnecessarily included in the appendix, the appropriate appellate court may tax the cost
of producing such parts on that party.
b. Appellant’s attorney shall certify within the appendix the amount actually paid for printing or
otherwise producing necessary copies of the appendix.
c. The reasonable costs of printing or duplicating the appendix shall be taxed by the appellate
court. Reasonable printing or duplicating costs shall not exceed $4 per page unless otherwise ordered
by the appropriate appellate court.
[Court Order October 31, 2008, effective January 1, 2009]
Rule 6.906 Brief of amicus curiae.
6.906(1) Appeal. An amicus curiae brief may be served and filed only by leave of the appropriate
appellate court granted on motion served on all parties, at the request of the appropriate appellate
court, or when accompanied by the written consent of all parties. The brief may be conditionally
served and filed with a motion for leave. A motion for leave shall identify the interest of the applicant
and shall state the reasons an amicus curiae brief would assist the court in resolving issues preserved
for appellate review in the case. An amicus curiae shall serve and file a brief within the time allowed
the party whose position the brief will support. The appropriate appellate court for cause shown may
extend the deadline for the brief, specifying the period within which an opposing party may respond.
An amicus curiae’s request to participate in oral argument will not be granted except for extraordinary
reasons.