Rule 68-3A. Clerk Appendix Contents

The clerk appendix shall contain the oral or written decision that is the subject of the appeal, pleadings, motions, orders and other documents docketed in the case file that are necessary for presenting the issues on appeal. The appellate clerk shall assemble the clerk appendix based on a review of the case file and the preliminary papers submitted by the parties pursuant to Section 634. The appellate clerk may confer with counsel and with the clerk of the trial court to determine the contents of the clerk appendix. Officer's returns, transcripts and exhibits shall not be included in the clerk appendix unless they had been annexed to a document docketed in the case file in the proceedings below. Nevertheless, exhibits annexed to a document docketed in the case file in the proceedings below may be excluded from the clerk appendix at the discretion of the appellate clerk. The contents of the clerk appendix in administrative appeals is governed by Section 68-10A.

Committee Notes

amended July 15, 2025, to take effect Jan. 1, 2026.) HISTORY—2026: In the first sentence, ''(but not memo- randa of law)'' was deleted following ''other documents.'' COMMENTARY—2026: The purpose of this amendment is to remove the prohibition on including memoranda of law in the clerk appendix.