(a) Appellant’s Duty.
An appellant filing a notice of appeal must comply with Rule
10(b) and must do whatever else is necessary to enable the
clerk to assemble and forward the record. If there are
multiple appeals from a judgment or order, the clerk must
forward a single record.
(b) Duties of Reporter and District Clerk.
(1) Reporter’s Duty to Prepare and File a Transcript.
The reporter must prepare and file a transcript as follows:
(A) Upon receiving an order for a transcript, the reporter
must enter at the foot of the order the date of its
receipt and the expected completion date and send a copy,
so endorsed, to the circuit clerk.
(B) If the transcript cannot be completed within 30 days
of the reporters receipt of the order, the reporter may
request the circuit clerk to grant additional time to
complete it. The clerk must note on the docket the action
taken and notify the parties.
(C) When a transcript is complete, the reporter must file
it with the district clerk and notify the circuit clerk of
(D) If the reporter fails to file the transcript on time,
the circuit clerk must notify the district judge and do
whatever else the court of appeals directs.
(2) District Clerk’s Duty to Forward.
When the record is complete, the district clerk must number
the documents constituting the record and send them promptly
to the circuit clerk together with a list of the documents
correspondingly numbered and reasonably identified. Unless
directed to do so by a party or the circuit clerk, the
district clerk will not send to the court of appeals
documents of unusual bulk or weight, physical exhibits other
than documents, or other parts of the record designated for
omission by local rule of the court of appeals. If the
exhibits are unusually bulky or heavy, a party must arrange
with the clerks in advance for their transportation and
(c) Retaining the Record Temporarily in the District Court for
Use in Preparing the Appeal.
The parties may stipulate, or the district court on motion may
order, that the district clerk retain the record temporarily
for the parties to use in preparing the papers on appeal. In
that event the district clerk must certify to the circuit
clerk that the record on appeal is complete. Upon receipt of
the appellee’s brief, or earlier if the court orders or the
parties agree, the appellant must request the district clerk
to forward the record.
(e) Retaining the Record by Court Order.
(1) The court of appeals may, by order or local rule,
provide that a certified copy of the docket entries be
forwarded instead of the entire record. But a party may at
any time during the appeal request that designated parts of
the record be forwarded.
(2) The district court may order the record or some part of
it retained if the court needs it while the appeal is
pending, subject, however, to call by the court of appeals.
(3) If part or all of the record is ordered retained, the
district clerk must send to the court of appeals a copy of
the order and the docket entries together with the parts of
the original record allowed by the district court and copies
of any parts of the record designated by the parties.
(f) Retaining Parts of the Record in the District Court by
Stipulation of the Parties.
The parties may agree by written stipulation filed in the
district court that designated parts of the record be retained
in the district court subject to call by the court of appeals
or request by a party. The parts of the record so designated
remain a part of the record on appeal.
(g) Record for a Preliminary Motion in the Court of Appeals.
If, before the record is forwarded, a party makes any of the
following motions in the court of appeals:
- for dismissal;
- for release;
- for a stay pending appeal;
- for additional security on the bond on appeal or on a
supersedeas bond; or
- for any other intermediate order—
the district clerk must send the court of appeals any parts of
the record designated by any party.
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District Court | Rule 11
Last modified at 12/16/2009