Forwarding the Record

(a) Retaining the Record; Certified Copy of the Docket Entries; Archival Storage. (1) Record and Docket. The district court clerk must: (A) (B) retain the assembled record unless this court, on motion or sua sponte, orders otherwise; and send to this court a certified copy of the docket entries instead of the record. (2) Archival Storage. The district court clerk of court must not send the record to archival storage until this court issues its mandate. (b) Access of Parties and Counsel to the Original Record. (1) Material Not Subject to a Protective Order; Inspection and Copying. When a notice of appeal is filed, the trial court clerk of court must permit a party or counsel for a party to inspect and copy the nonconfidential original papers, transcripts, and exhibits to prepare the appendix. This inspection and copying is subject to reasonable regulation by the trial court. (2) Material Subject to a Protective Order; Inspection and Copying. A party or counsel for a party must be permitted to inspect and copy material in the record governed by a protective order of the trial court in accordance with that order. If this court modifies or annuls the protective order, the access of a party or counsel is governed by the order of this court. (c) Protective Orders. Federal Circuit Rule 25.1(c) applies to the status of trial court protective orders and modification thereof. Federal Circuit Rules of Practice (December 1, 2025) Page 34 (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 12 Docketing the Appeal; Filing a Representation Statement; Filing the Record (a) Docketing the Appeal. Upon receiving the copy of the notice of appeal and the docket entries from the district clerk under Rule 3(d), the circuit clerk must docket the appeal under the title of the district-court action and must identify the appellant, adding the appellant’s name if necessary. (b) Filing a Representation Statement. Unless the court of appeals designates another time, the attorney who filed the notice of appeal must, within 14 days after filing the notice, file a statement with the circuit clerk naming the parties that the attorney represents on appeal.* (c) Filing the Record, Partial Record, or Certificate. Upon receiving the record, partial record, or district clerk’s certificate as provided in Rule 11, the circuit clerk must file it and immediately notify all parties of the filing date.