The Record on Appeal

(a) Delay in Preparing the Transcript. When a trial transcript is not filed in the trial court within sixty (60) days after it was ordered, the trial court may direct the parties to proceed under Federal Rule of Appellate Procedure 10(c) or (d). (b) Agreed Statement. The filing of an agreed statement by the parties under Federal Rule of Appellate Procedure 10(d) does not relieve them of their obligation to compile and file the complete appendix required by Federal Rule of Appellate Procedure 30 and Federal Circuit Rule 30.

Federal Circuit Rules of Practice (December 1, 2025) (Return to Table of Contents) PRACTICE NOTES TO RULE 10 Procedures to Expedite Delivery of Transcripts. District courts and regional circuit councils have procedures to expedite transcripts that may be available to counsel experiencing difficulty with late delivery of transcripts by court reporters. Transcript Compliance; Transcript Purchase Order Form. To comply with Federal Rule of Appellate Procedure 10(b)(1)(B), the appellant may file a certificate with this court stating no transcript will be ordered.

The court does not have a form for such a certificate, but the certificate will need to meet the standard requirements for any filing under Federal Rule of Appellate Procedure 32 and Federal Circuit Rule 32. Parties are not required to file the certificate if a transcript is being ordered from the reporter. Parties are not required to file the transcript purchase order form (Federal Circuit Form 22) with this court, regardless of whether a transcript will be ordered. Court reporters follow Federal Rule of Appellate Procedure 11(b) for preparing transcripts and notifying the court.

Federal Circuit Rules of Practice (December 1, 2025) (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 11 Forwarding the Record (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 reporter’s 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 the filing. (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 Federal Circuit Rules of Practice (December 1, 2025) (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 11 the exhibits are unusually bulky or heavy, a party must arrange with the clerks in advance for their transportation and receipt.* (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.† (d) [Abrogated.] (e) Retaining the Record by Court Order. (1) (2) (3) 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.‡ 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. 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. *The district court clerk must retain the record and must not send the record to this court.

See Fed. Cir. R. 11(a)(1). †This procedure is not necessary as the district court clerk must retain the record for appeals to this court. See Fed. Cir. R. 11(a)(1). ‡For any request that the district court forward the record, including physical exhibits, the party must direct that request to this court in the form of a motion.

See Fed. Cir.

R. 11(a)(1)(A).

Federal Circuit Rules of Practice (December 1, 2025) (Return to Table of Contents) FEDERAL RULE OF APPELLATE PROCEDURE 11 (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 bond or other security provided to obtain a stay of judgment; or for any other intermediate order - the district clerk must send the court of appeals any parts of the record designated by any party.† *This procedure is not necessary as the district court clerk must retain the record for appeals to this court.

See Fed. Cir. R. 11(a)(1). †The district court clerk must retain the record and must not send the record to this court. See Fed. Cir.

R. 11(a)(1).

Federal Circuit Rules of Practice (December 1, 2025) (Return to Table of Contents)