IN AN EFFORT to clarify the process of filing a brief with the 1^st U.S. Circuit Court of Appeals, Richard C. Donovan, clerk of the court, today released some guidelines for members of the bar and pro se litigants regarding the rule requiring an addendum to briefs (Local Rule 28).

The rule requires, in part, that an appellant’s brief include an addendum containing a copy of all decisions being appealed as well as any supporting opinion, memorandum or statement of reasons. If the appeal stems from a decision reviewing an underlying agency or from a U.S. Bankruptcy Court or state court decision, that underlying decision must also be included.

Donovan said that, because briefs and appendices are public documents, they should not include copies of any sealed or confidential pleadings, such as pre-sentence reports. Instead, as required under Local Rule 11, sealed documents must be filed as a separate volume clearly marked "Filed Under Seal."

Donovan also noted that a table of contents to the addendum, while not required by Local Rule 28, would be helpful in the processing of the brief by his office.

"Many attorneys and others filing appellate briefs have experienced the frustration of receiving a rejected brief back from our office," Donovan said. "It is hoped that this reminder of the rules’ requirements will reduce deficiencies and improve the appellate process for everyone."

For further information, please contact the Court of Appeals Clerk’s Office at (617) 748-9057.

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