Excerpts of Record
Excerpts of record are a set of lower court documents that the parties compile and file with the appeals court. They should include only the parts that are important for deciding the appeal. The goal is to help the judges quickly find and read what they need.
In the Ninth Circuit, these excerpts take the place of the appendix that is usually required by federal court rules.
Excerpts typically contain:
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The judgment or order(s) being appealed
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Notice of Appeal
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Relevant pleadings and orders
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Key portions of transcripts (such as oral rulings or sentencing in criminal cases)
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The final complaint or indictment
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Any other documents cited in the briefs that are necessary to resolve the issues on appeal
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Lower court docket sheet
Follow these instructions to avoid common mistakes.
Step 1: Organize
You can submit everything as one single volume, including the index.
Put documents in reverse date order but put the notice of appeal and lower court docket sheet at the very end, with the docket sheet last.
Put the index (table of contents) right after the caption (cover) page at the beginning.
All pages, including the caption page, index, and blank pages, must be numbered in order starting with the caption page as page 1 (the number doesn’t have to show on the caption page).
- Create a separate Index Volume (table of contents). This volume is not numbered as part of the excerpts.
Volume 1 must include only the court decisions (written or oral) that are being challenged.
List those decisions in reverse date order (most recent first).
Put all other documents in later volumes, also in reverse date order — except the notice of appeal.
The notice of appeal and lower court docket sheet must go at the very end of the last non-sealed volume, with the docket sheet last.
Number the other volumes in order, starting with page 1 on the caption (cover) page of Volume 1.
Each volume must be 300 pages or less.
Every page counts toward the 300-page limit, including:
Caption (cover) pages
Blank or divider pages Certificates
Lists all documents in the order they appear in the excerpts
Include a descriptive label for each document
Cite where the document appears in the lower court record (its docket number)
The excerpts (volume and page number)
- PDF-ready exhibits (like documents or photos) go:
- In a separate transcript volume, or
- At the end of the final non-sealed volume, right before the notice of appeal and docket sheet, or
- In the final sealed volume if the exhibit is sealed
- Physical exhibits (like audio or video) need special approval.
- File a motion first to transmit the exhibits
- Do not include physical exhibits or placeholder pages in the excerpts
- Send 4 copies only after the Court approves the motion
- Place by hearing date or keep multi-day hearings in the correct date order.
- If you only reference certain pages in your brief, include those parts plus surrounding pages for context.
- Full transcripts can be filed as separate volumes but must still follow consecutive page and volume numbering.
- Oral rulings that are part of the appeal must go in Volume 1.
STEP 2: FORMAT
- All numbered volumes must be paginated together from start to finish.
- In single-volume excerpts, the index is included in the page numbering.
- In multi-volume excerpts, the separate Index Volume is not numbered.
- Use big, bold page numbers.
- Place page numbers in the bottom center or bottom right.
- Avoid placing numbers over other text or images – they could be unreadable.
- Avoid placing numbers too close to the page edge — they could get cut off when printed.
- Split the volume into multiple PDF files.
- Only the first file of a volume should have a caption page.
- Do not add caption pages to the split parts — they’re part of the same volume.
Cite your excerpts in your brief using these formats.
Step 3: File
- File your brief and excerpts separately (in different transactions), selecting the appropriate filing type.
- Submit all non-sealed volumes of the excerpts in one transaction.
- If you're an attorney, you must file the Presentence Report with your brief, if your brief references it.
- Use the “Presentence Report UNDER SEAL” filing type.
- The system will seal the file automatically.
- If there are any addenda attached to the Presentence Report or sealed sentencing memoranda, file them the same way using the "Presentence Report UNDER SEAL" option.
- File them electronically using the "Social Security Certified Administrative Record" filing type.
- If you are an attorney, you must file it with your opening brief.
- If you are representing yourself (as a pro se litigant), the appellee must file it when submitting the answering brief and supplemental excerpts.
Index Volume
Volume 1
Volume 2, and so on
Use the proper labels, such as:
ER Index Vol
ER Vol 1
ER Vol 2
- The Court will review your filing.
- The Court will send you an order if paper copies are needed.
- Do not send paper copies unless ordered.
If the court asks for paper COPIES
Accepted binding types: comb, spiral, coil, wire, velo, tape, or perfect.
For two-sided printing, use a binding type so that the volume lies completely flat when open (comb, spiral, etc.).
Bind each volume separately.
Binding must be secure and on the left side.
Do not use staples, clips, or binders.
Index Volumes with 10 pages or fewer may be stapled.
- No paper copies are needed for parties who file electronically. You must serve one paper copy to any party not registered for e-filing, on the same day you submit the excerpts electronically.
Samples
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Civil appeal, single-volume Excerpts of Record
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Civil appeal, multi-volume Excerpts of Record
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Criminal appeal, multi-volume Excerpts of Record
Training and Resources
February 28, 2023 | 81 minute video
Watch a demonstration and instructions on how to submit Excerpts of Record.
Changes to Ninth Circuit Rule 30-1 (PDF)
December 1, 2020 | Guide | 13 pages
Read the latest guidance, including common mistakes and how to organize Excerpts of Record.
Relevant Rules and Orders
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Circuit Rule 30-1. The Excerpts of Record (PDF) explains the contents and requirements.
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Administrative Order Regarding Appellate Case Management System (ACMS) (PDF) gives more information about ACMS.
Need Help?
First, check the PACER Frequently Asked Questions page.
If you still have questions and can’t find the answer here, or if you need help with a case in CM/ECF, submit your request here.
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Monday through Friday, 8:30 a.m. to 5:00 p.m. Pacific Time.