Correspondence from Clerk to Klein; from Clerk to Counsel

    J O H N  P. H E H M A N
C L E R K

O F F I C E  O F  T H E  C L E R K

UNITED STATES COURT OF APPEALS
F O R  T H E  S I X T H  C I R C U I T  

C I N C I N N A T I ,  O H I O  4 5 2 0 2

January 11, 1981

Mr. Henry L. Klein 
2108 First Tennessee Bank 

Building
Memphis, Tennessee 38103

Re: Case No. 81-5605 - Cleamtee Garner, father and next 
of kin of Eugene Garner, a deceased minor, Plaintiff- 
Appellant, vs. Memphis Police Department, City of 
Memphis, Tennessee and Jay W. Hubbard in his official 
capacity, Defendants-Appellees, District Court 
No. 75-145

Dear Mr. Klein:
In accordance v/ith our telephone conversation of 

January 8, 1981 and the granting of the appellant's motion 
to proceed under Rule 30(c), Federal Rules of Appellate 
Procedure, we are returning twenty-four copies of the 
brief submitted in the above-styled case.

If we may be of any further assistance in this matter, 
please don't hesitate to call.

Yours very truly,
John P. Hehman, Clerk

(Ms.) /oudy K. King
Depu ty-'̂ C lerk

cc:
Mr. Steven L. Winter 
10 Columbus Circle, Suite 2030 
New York, New York 10019
Mr. Walter L. Bailey
161 Jefferson Building, Suite 901
Memphis, Tennessee 38103



J O H N  P. H E H H A N  
C L E R K

UNITED STATES COURT OF APPEALS
S I X T H  C I R C U I T

U.S. P O S T  O F F I C E  ft C O U R T H O U S E  B U IL D IN G  

C IN C IN N A T I. O H IO  4 5 2 0 2
T E L E P H O N E  

( 513)  6 8 4  2 9 5 3  
F T S  6 8 4 - 2 9 5 3

TO; Counsel
FROM: Clerk's Office
RE: Rule 30(c) - Deferred Appendix Procedure

The Sixth Circuit encourages use of the deferred appendix 
procedure contemplated by Rule 30(c) of the Federal Rules of 
Appellate Procedure. However, a motion seeking leave to use the Rule 30(c) 
procedure must be filed in the Clerk's office at least ten days prior to due 
date of appellant's brief.

The procedures are as follows:
(1) Appellant's and appellee's counsel are to file one copy of their 
briefs in the Clerk's office and are to serve one copy on every other party 
to the appeal.
(2) These preliminary copies of the briefs should cite references to 
items in the record of district court proceedings, where applicable.
(3) Within three weeks after service of the appellee's brief, 
appellant's counsel is to file the joint appendix.
(4) Within two weeks after service of the joint appendix, the parties 
are to file the required number of briefs. The only changes permitted to be 
made to the preliminary briefs are that references to the record are to be 
replaced with references to the serial pagination of the appendix. Parallel 
references are also permitted.
(5) Your attention is directed to Sixth Circuit Rules 10(d) and (e):

RULE 10(d): "The joint appendix should be consecutively paginated
and a table of contents referencing specific pages of the appendix 
should be prepared. The contents should include;
1. the district court's docket sheet;
2. the complaint or indictment;
3. the judgment from which the appeal is taken and any memorandum 

opinion incident thereto;
4. the notice of appeal;
5. any other matter to which either counsel intends to refer

in their briefs or wishes to bring to the particular attention 
of the Court."

RULE 10(e): "With respect to Rule 30, Federal Rules of Appellate
Procedure and especially Rule 30(c) , references in the briefs to the 
record should be indicated by referring directly to the page numbers 
of the joint appendix."

6CA-29
4/80



O F F I C E  O F  T H E  C L E R K
U N I T E D  S T A T E S  C O U R T  O F  A P P E A L S

C I N C I N N A T I .  O H I O  4 5 2 0 2

O F F I C I A L  B U S I N E S S  
P E N A L T Y  F O R  P R I V A T E  U S E  s 3 0 0

POSTAGE AND FEES PAID 

UNITED STATES COURTS

Mr. SI 
10 Coll 
New York, New York lOOlT

030