Rule 11 — Forwarding the Record

Fed. R. App. P. 11

• Source: Federal Rules of Appellate Procedure
• Rule: 11
• TITLE II: APPEAL FROM A JUDGMENT OR ORDER OF A
• Citation: Fed. R. App. P. 11

Text

(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 for-
ward a single record.
(b) Duties of Reporter and District Clerk.
(1) Reporter’s Duty to Prepare and File a Transcript. The re-
porter 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 en-
dorsed, 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 re-
quest the circuit clerk to grant additional time to com-
plete 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 what-
ever else the court of appeals directs.
(2) District Clerk’s Duty to Forward. When the record is com-
plete, the district clerk must number the documents con-
stituting 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 ap-
peals. If the exhibits are unusually bulky or heavy, a party
must arrange with the clerks in advance for their transpor-
tation and receipt.
(c) Retaining the Record Temporarily in the District Court for
Use in Preparing the Appeal. The parties may stipulate, or the dis-
trict 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 cir-
cuit 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) The court of appeals may, by order or local rule, provide
that a certified copy of the docket entries be forwarded in-
stead of the entire record. But a party may at any time during
the appeal request that designated parts of the record be for-
warded.
(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 Stipula-
tion of the Parties. The parties may agree by written stipulation
filed in the district court that designated parts of the record be re-
tained in the district court subject to call by the court of appeals

or request by a party. The parts of the record so designated re-
main 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.

Advisory Committee Notes

(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff. July 1, 1986; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 26, 2018, eff. Dec. 1, 2018.)