Rule 10 — The Record on Appeal

Fed. R. App. P. 10

• Source: Federal Rules of Appellate Procedure
• Rule: 10
• TITLE II: APPEAL FROM A JUDGMENT OR ORDER OF A
• Citation: Fed. R. App. P. 10

Text

(a) Composition of the Record on Appeal. The following items
constitute the record on appeal:
(1) the original papers and exhibits filed in the district
court;
(2) the transcript of proceedings, if any; and
(3) a certified copy of the docket entries prepared by the dis-
trict clerk.
(b) The Transcript of Proceedings.
(1) Appellant’s Duty to Order. Within 14 days after filing the
notice of appeal or entry of an order disposing of the last time-
ly remaining motion of a type specified in Rule 4(a)(4)(A),
whichever is later, the appellant must do either of the follow-
ing:
(A) order from the reporter a transcript of such parts of
the proceedings not already on file as the appellant consid-
ers necessary, subject to a local rule of the court of ap-
peals and with the following qualifications:
(i) the order must be in writing;
(ii) if the cost of the transcript is to be paid by the
United States under the Criminal Justice Act, the
order must so state; and
(iii) the appellant must, within the same period, file
a copy of the order with the district clerk; or
(B) file a certificate stating that no transcript will be or-
dered.
(2) Unsupported Finding or Conclusion. If the appellant in-
tends to urge on appeal that a finding or conclusion is unsup-
ported by the evidence or is contrary to the evidence, the ap-
pellant must include in the record a transcript of all evidence
relevant to that finding or conclusion.
(3) Partial Transcript. Unless the entire transcript is or-
dered:
(A) the appellant must—within the 14 days provided in
Rule 10(b)(1)—file a statement of the issues that the appel-
lant intends to present on the appeal and must serve on
the appellee a copy of both the order or certificate and the
statement;
(B) if the appellee considers it necessary to have a tran-
script of other parts of the proceedings, the appellee must,
within 14 days after the service of the order or certificate
and the statement of the issues, file and serve on the ap-
pellant a designation of additional parts to be ordered; and
(C) unless within 14 days after service of that designa-
tion the appellant has ordered all such parts, and has so
notified the appellee, the appellee may within the follow-
ing 14 days either order the parts or move in the district
court for an order requiring the appellant to do so.
(4) Payment. At the time of ordering, a party must make sat-
isfactory arrangements with the reporter for paying the cost
of the transcript.

(c) Statement of the Evidence When the Proceedings Were Not
Recorded or When a Transcript Is Unavailable. If the transcript of
a hearing or trial is unavailable, the appellant may prepare a
statement of the evidence or proceedings from the best available
means, including the appellant’s recollection. The statement must
be served on the appellee, who may serve objections or proposed
amendments within 14 days after being served. The statement and
any objections or proposed amendments must then be submitted
to the district court for settlement and approval. As settled and
approved, the statement must be included by the district clerk in
the record on appeal.
(d) Agreed Statement as the Record on Appeal. In place of the
record on appeal as defined in Rule 10(a), the parties may prepare,
sign, and submit to the district court a statement of the case
showing how the issues presented by the appeal arose and were de-
cided in the district court. The statement must set forth only
those facts averred and proved or sought to be proved that are es-
sential to the court’s resolution of the issues. If the statement is
truthful, it—together with any additions that the district court
may consider necessary to a full presentation of the issues on ap-
peal—must be approved by the district court and must then be
certified to the court of appeals as the record on appeal. The dis-
trict clerk must then send it to the circuit clerk within the time
provided by Rule 11. A copy of the agreed statement may be filed
in place of the appendix required by Rule 30.
(e) Correction or Modification of the Record.
(1) If any difference arises about whether the record truly
discloses what occurred in the district court, the difference
must be submitted to and settled by that court and the record
conformed accordingly.
(2) If anything material to either party is omitted from or
misstated in the record by error or accident, the omission or
misstatement may be corrected and a supplemental record
may be certified and forwarded:
(A) on stipulation of the parties;
(B) by the district court before or after the record has
been forwarded; or
(C) by the court of appeals.
(3) All other questions as to the form and content of the
record must be presented to the court of appeals.

Advisory Committee Notes

(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 1986; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 24, 1998, eff. Dec. 1, 1998; Mar. 26, 2009, eff. Dec. 1, 2009.)