Do I have to serve the Appendix AGAIN if it's the same in the lower tribunal?

Lawsuits And Disputes 5 views 3 answers
Served opposing counsel with Appendix in lower tribunal (appellate capacity). On District court of Appeal, do I have to serve her again with the Appendix if they are the exact same? it's a huge one and would be just waste of paper. Thanks!

Attorney Answers

3
Daniel Woodring ·
Typically yes, but, if exactly the same, doubtful because new case style, you could ask opposing counsel if they want a new copy, and there is always the possibility or even requirement of serving an electronic copy.
0 upvotes
Melissa Wilson ·
Serving an electronic copy would probably be easiest & save paper.
0 upvotes
Mark Theodore TischhauserLitigation LawyerTampa, FL ·
If you are a pro-se appellant, I would encourage you to do whatever the rules technically require and focus on that rather than "being green." If there is any doubt take the most conservative and obviously compliant route. As a pro-se litigant, your focus should be on the merits of getting a valid argument to the appellate court and avoiding distractions on ancillary issues like saving paper or convenience of counsel. I say this because it becomes VERY easy to rationalize short cutting for various reasons, including expense and time, and this can EASILY open the door for technical attacks on your appeal, especially when its a "second level" appeal and typically discretionary to begin with.
0 upvotes

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