TRANSMISSION OF THE RECORD

11.1 Duty of Appellant Within 14 days after filing a notice of appeal, the appellant must deposit with the court reporter the estimated cost of the transcript of all or the necessary part of the notes of testimony taken at trial. Where an appellant cannot afford the cost of transcripts, counsel for appellant, or the appellant pro se, must make application to the district court within 14 days of the notice of appeal for the provision of such transcript pursuant to 28 U.S.C. §753(f). If the district court denies the application, appellant must, within 14 days of the order denying the application, either deposit with the court reporter the fees for such transcript or apply to the court of appeals for the transcript at government expense. Failure to comply with this rule constitutes grounds for dismissal of the appeal.

Source: 1988 Court Rule 15.1 Cross-references: 28 U.S.C. § 753(f); FRAP 10(b), 11(a); 3d Cir. L.A.R. 10.1(b), Misc. 107.1(b) Committee Comments: No substantive change from prior Court Rule 15.1 is intended. The rule codifies current practice.

Time changed to 14 days in 2010 to conform to amendments in FRAP. 11.2 Retention of the Record in the District Court A certified copy of the docket entries in the district court must be transmitted to the clerk of this court in lieu of the entire record in all counseled appeals. In all pro se cases, all documents, including briefs filed in support of dispositive motions that are not available in electronic form on PACER, must be certified and transmitted to the clerk of this court. The clerk of the district court must transmit in any state habeas case or habeas case emanating from any territorial court or motions to vacate sentence under 28 U.S.C. § 2255, whether counseled or pro se, all documents that are not available in electronic form on PACER.

In such cases, the clerk of the district court must transmit to the court of appeals any state or territorial records or any documents from the prior criminal trial lodged with the district court during its determination of the habeas case. Table of Contents 7 3RD CIRCUIT LOCAL APPELLATE RULES August 1, 2011 Source: 1988 Court Rule 14.1 Cross-references: FRAP 11(e); 22(b) Committee Comments: Changes were made in 2008 to reflect practices for electronic records. The grant of a motion to proceed on the original record exempts a litigant from filing an appendix. Transmission of the record by the district court to the court of appeals is not a prerequisite to the granting of such motion.

The fact that the district court clerk has transmitted the record to the court of appeals does not dictate the granting of the motion.