Rule 60. Confidential record material and the record appendix

Protected record

A party must not upload a lower-court sealed, ex parte, or classified item to the ordinary Supreme ECMS. The lower-court Clerk and Supreme Clerk must use Rule 34’s secure custody method and place only a safe index or placeholder on the operational docket.

Continued protection

Protection ordered below continues provisionally during review. A party seeking to narrow, continue, or end it must address the legal basis, necessity, access list, and availability of a redacted substitute.

Record appendix

Unless waived, the appellant or petitioner must file a record appendix with the opening merits brief. It must contain:

Cooperation

Within two days after service of the briefing schedule, the opening party must propose appendix contents. The responding party must identify additions within two days after service of the proposal. The opening party must include reasonable additions but may identify who requested them.

Supplemental appendix

A responding party may file a concise supplemental appendix with its brief if the opening appendix omitted necessary designated material. Unnecessary duplication is prohibited.

Deferral

For a large record, the Court may defer the appendix until after principal briefing and permit temporary citations to the certified record. Replacement citations may be filed later without substantive change to a brief.

Excessive designation

After notice, the Court may impose a lawful cost or sanction for an appendix that is unreasonably duplicative, irrelevant, unsafe, or designed to burden another party.