If the appellant in either a civil or criminal appeal is represented by retained counsel, it is the obligation of the appellant’s counsel to provide a record for the appeal in the form of an appendix, filed with the opening brief. The appellant must file and serve the requisite number of complete appendices that include everything from the district court record necessary to appellate review.
If the appellant is represented by counsel appointed pursuant to the Criminal Justice Act, counsel must file a designation of record with the district court with a copy filed in this court. In due course, an electronic record will be prepared and will be accessible on the appellate docket.
If the appellant is represented by counsel, no designation of record is filed and the district court will prepare and transmit a record on appeal to this court.
Petitions seeking direct review of a final decision of one of the federal agencies over which this court exercises direct jurisdiction generally proceed on an administrative record.
Regardless of the type of case and regardless of whether the appellant is represented by counsel or not, if a transcript is necessary to the appellate record, the appellant is responsible for having the transcript prepared. A transcript order form to be filed in the district court is available on our website. Even if no transcript is requested, appellants must nevertheless file a transcript order form so stating.