The record on appeal consists of all of the lower court documents including transcripts. For counseled criminal appeals the Court of Appeals generally requests that only the index of the record be filed; and the documents that constitute the record remain in the district court until needed. The appellant must do whatever is necessary to enable the district court clerk to assemble and forward the index of the record to the Court of Appeals within 14 days of filing the notice of appeal. The appellant’s counsel must ensure that the district court has a complete index. Receipt from the district court of a certified copy of the index will satisfy the requirement to file the record unless the Court of Appeals directs otherwise. If the Court of Appeals requires the entire record or any portion thereof, counsel must timely prepare the record so that it can be transmitted to the Court. See FRAP 10, 11; LR 11.1.

An appellant may proceed on the original record without filing an appendix in a criminal appeal conducted IFP. See LR 30.1.

In pro se cases, the district court will prepare and forward the record.

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Last modified at 12/20/2010