Fed. R. App. P. 10
NOTES OF ADVISORY COMMITTEE ON RULES-1967 This rule is derived from FRCP 75(a), (b), (c) and (d) and FRCP 76, without change in substance.
NOTES OF ADVISORY COMMITTEE ON RULES-1979 AMENDMENTThe proposed amendments to Rule 10(b) would require the appellant to place with the reporter a written order for the transcript of proceedings and file a copy with the clerk, and to indicate on the order if the transcript is to be provided under the Criminal Justice Act. If the appellant does not plan to order a transcript of any of the proceedings, he must file a certificate to that effect. These requirements make the appellant's steps in readying the appeal a matter of record and give the district court notice of requests for transcripts at the expense of the United States under the Criminal Justice Act. They are also the third step in giving the court of appeals some control over the production and transmission of the record. See Note to Rules 3(d)(e) above and Rule 11 below. In the event the appellant orders no transcript, or orders a transcript of less than all the proceedings, the procedure under the proposed amended rule remains substantially as before. The appellant must serve on the appellee a copy of his order or in the event no order is placed, of the certificate to that effect, and a statement of the issues he intends to present on appeal, and the appellee may thereupon designate additional parts of the transcript to be included, and upon appellant's refusal to order the additional parts, may either order them himself or seek an order requiring the appellant to order them. The only change proposed in this procedure is to place a 10 day time limit on motions to require the appellant to order the additional portions.Rule 10(b) is made subject to local rules of the courts of appeals in recognition of the practice in some circuits in some classes of cases, e. g., appeals by indigents in criminal cases after a short trial, of ordering immediate preparation of a complete transcript, thus making compliance with the rule unnecessary.
NOTES OF ADVISORY COMMITTEE ON RULES-1986 AMENDMENTThe amendments to Rules 10(b) and (c) are technical. No substantive change is intended.
NOTES OF ADVISORY COMMITTEE ON RULES-1993 AMENDMENTThe amendment is technical and no substantive change is intended.
NOTES OF ADVISORY COMMITTEE ON RULES-1995 AMENDMENTSubdivision (b)(1). The amendment conforms this rule to amendments made in Rule 4(a)(4) in 1993. The amendments to Rule 4(a)(4) provide that certain postjudgment motions have the effect of suspending a filed notice of appeal until the disposition of the last of such motions. The purpose of this amendment is to suspend the 10-day period for ordering a transcript if a timely postjudgment motion is made and a notice of appeal is suspended under Rule 4(a)(4). The 10-day period set forth in the first sentence of this rule begins to run when the order disposing of the last of such postjudgment motions outstanding is entered.
COMMITTEE NOTES ON RULES-1998 AMENDMENT The language and organization of the rule are amended to make the rule more easily understood. In addition to changes made to improve the understanding, the Advisory Committee has changed language to make style and terminology consistent throughout the appellate rules. These changes are intended to be stylistic only.
COMMITTEE NOTES ON RULES-2009 AMENDMENT Subdivisions (b)(1), (b)(3), and (c). The times set in the former rule at 10 days have been revised to 14 days. See the Note to Rule 26.
REFERENCES IN TEXT The Criminal Justice Act, referred to in subd. (b)(1)(A)(ii), probably means the Criminal Justice Act of 1964, Pub. L. 88-455, Aug. 20, 1964, 78 Stat. 552, as amended, which enacted sectionof Title 18, Crimes and Criminal Procedure, and provisions set out as notes under section of Title 18. For complete classification of this Act to the Code, see Short Title note set out under section of Title 18 and Tables.