Top Of Page Contents of Brief and Appendix Where the brief and appendix are bound together, there shall be a single table of contents for both. If the appendix is bound separately, the brief and appendix shall have separate tables of contents. The table of contents as to the brief shall include the point headings of the arguments raised in the brief. The table of contents as to the appendix shall indicate the first page of each document in the appendix. You should enter the filing date of each document in the appendix at the head of the page.
Filing dates are frequently material to the resolution of issues on appeal.
Drafts of documents should not be used for the appendix but only copies of documents or exhibits that were actually provided to the trial court or agency. The appendix should contain all the relevant documents essential for a proper consideration of the issues on appeal. It must contain both the judgment or order appealed from and the opinion or statement of findings and conclusions of the trial judge. If the opinion or findings and conclusions were delivered orally, it may be submitted to the court through the trial transcript. The Appellate Division judges are interested in seeing the trial court opinion or statement of findings and conclusions early in their examination of the record.