Rule 17 — Filing the Record

Fed. R. App. P. 17

• Source: Federal Rules of Appellate Procedure
• Rule: 17
• TITLE IV: REVIEW OR ENFORCEMENT OF AN ORDER OF AN
• Citation: Fed. R. App. P. 17

Text

(a) Agency to File; Time for Filing; Notice of Filing. The agency
must file the record with the circuit clerk within 40 days after
being served with a petition for review, unless the statute author-
izing review provides otherwise, or within 40 days after it files an
application for enforcement unless the respondent fails to answer
or the court orders otherwise. The court may shorten or extend
the time to file the record. The clerk must notify all parties of the
date when the record is filed.
(b) Filing—What Constitutes.
(1) The agency must file:
(A) the original or a certified copy of the entire record
or parts designated by the parties; or
(B) a certified list adequately describing all documents,
transcripts of testimony, exhibits, and other material con-
stituting the record, or describing those parts designated
by the parties.

(2) The parties may stipulate in writing that no record or
certified list be filed. The date when the stipulation is filed
with the circuit clerk is treated as the date when the record
is filed.
(3) The agency must retain any portion of the record not
filed with the clerk. All parts of the record retained by the
agency are a part of the record on review for all purposes and,
if the court or a party so requests, must be sent to the court
regardless of any prior stipulation.

Advisory Committee Notes

(As amended Apr. 24, 1998, eff. Dec. 1, 1998.)