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Rule 17. Appendix to Brief.

(1) The court will not ordinarily review any part of the record that has not been provided to it in an appendix or transmitted to it. See Rule 13(3).

If there is to be an appendix of relevant documents or pleadings, the parties are encouraged to agree on its contents as an addendum to the moving party's brief or as a separate submission, if voluminous. If the moving party's appendix is not deemed to be sufficient, the opposing party may prepare and file an appendix of such additional parts of the record as an addendum to the opposing party's brief or memorandum of law or, if voluminous, as a separate submission.

(2) The original and 8 copies of an appendix meeting the requirements of Rule 6(2) shall be filed in the office of the clerk of the supreme court and its pages shall be sequentially numbered, beginning with the cover page as page 1 and using only Arabic numerals for page numbers (e.g., 1, 2, 3), including for the table of contents. The page number may be suppressed and need not appear on the cover page. The cover of the appendix should be white.

(3) The cost of producing the appendix shall be taxed as costs in the case, but if either party shall cause matter to be included in the appendix unnecessarily, such as the full text of decisions of this court or irrelevant pleadings, the supreme court may impose the cost of producing such parts on that party, even though he or she may be the prevailing party.

(4) At the beginning of the appendix there shall be inserted a table of contents with references to the page of the appendix at which each item listed in the table of contents begins. When matter contained in the transcript of proceedings is set out in the appendix, the page of the transcript at which such matter may be found shall be indicated in brackets immediately before the matter that is set out. Omissions in the text of papers or of the transcript must be indicated by asterisks. Immaterial formal matters, e.g., captions, subscriptions, acknowledgments, shall be omitted.

(5) To facilitate reading multi-volume appendices in electronic form:

(a) Each volume of the appendix shall be designated by a Roman numeral on the cover and shall be separately paginated, beginning with the cover page as page 1. All subsequent pages shall be numbered consecutively, including the table of contents, with Arabic numerals only. Page numbering shall not continue across mulitiple volumes. For example, a brief with a two-volume appendix would cite to both the particular appendix volume and its page number as "Apx. I at 117" and "Apx. II at 24."

(b) The first volume of the appendix shall include a complete table of contents referencing all volumes of the appendix, and each individual volume shall include a table of contents for that volume.

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