What am I supposed to do about an appendix for my brief? Or is the record on appeal the appendix?

You are going to have trouble finding some model. You will have to do it the way we did it here, in my office. Do it, and correct the mistakes when the court kicks the paperwork back to you. Or, do it right and retain an appellate lawyer. You can watch and learn from someone who is experienced.

You should hire a lawyer who handles appeals.

Not sure how you are using the word appendix. Be very careful. Cases on appeal are thrown out every day for failure to follow procedure. That is an easy way to get rid of volume.

Go to a law library and ask to see a brief on appeal of a case that has been reviewed by that same court. It may be on microfiche or some electronic file. Looking at that brief will show you what an appendix looks like.

It depends on whether you are in Federal court or state court. Compiling the Appendix for federal court is so complex, that many attorneys pay a service to do this. Usually, when you file an appeal in Federal Court (that is with the Federal Circuit Court of Appeals), You get inundated with offers from these services. They really do not cost much above the costs you would pay for copies even if you do it yourself. Last time I filed an appeal in Federal Circuit Court, I was going to do the index myself, but decided to go with a service and was glad I did. If you are in State Court, and you were sent a record on appeal, then you must be the Respondent, because the Appellant Complies the ROA (in South Carolina). I do not know what the appendix is. It really depends on what forum you are appealing to 9for example, appealing from the decision of an administrative agency to administrative law court differs from appealing from a civil court to the appellate court. Sometime, when I as a lawyer, cannot figure out what the rule I am trying to follow means, I call the Clerk of Court for the court I am appealing to and ask, "what is the appendix". Usually they help, sometimes they do not.

An appendix for your appeal is normally used in lieu of a clerk's transcript on appeal. Either one puts before the court of appeal all documents which each side feels important to sustain his position on appeal. If you did not request a clerk's transcript, then chances are your opponent did. Normally, it is best to go with the clerk's transcript as you are assured that all requested documents will be made part of the record. There are times, however, where for whatever reasons, the clerk of the superior court cannot find a requested document in the court's file. If that is the case, the clerk of the superior court will let you know that fact and ask you to provide a conformed copy of the document which the clerk will then add to her transcript. Keep in mind that the clerk's transcript is separate and distinct from the recorder's transcript. The latter is an actual transcript of all court proceedings that were recorded by the reporter in court at the time. A good way to recall the distinction is that the clerk's transcript contains the requested written documents filed with the court while the reporter's transcript contains everything requested that was said in court. Without knowing which district your case is filed, I suggest you call the clerk of that court of appeal and explain your dilemma. It has been my experience that most clerks in the various districts are very friendly and willing to give assistance when it comes to such procedural matters as they know what the judges are looking for.