(d) Ordering the Transcript. Within 21 days from the filing of the notice of appeal, appellant shall file a transcript order in the district court using the district court’s transcript designation form. Appellant shall simultaneously provide a copy of this designation form to the court reporter and the Court of Appeals. Appellant shall order all the portions of the transcript listed by both appellant and appellee, or certify to the district court pursuant to subsection (f) of this rule that the portions of the transcript listed by appellee in the response to appellant’s initial notice are unnecessary. (e) Paying for the Transcript. Where appellant is represented by retained counsel, counsel shall make arrangements with the court reporter to pay for the transcripts on or before the day the transcript designation form is filed in the district court. Appellee shall make financial arrangements when the district court has deemed the transcripts designated by appellee to be unnecessary and appellee desires production of those transcripts. Where the appellant is proceeding in forma pauperis, appellant shall prepare a CJA Voucher Form 24 and submit the voucher to the district court along with the designation form. In either case, failure to make proper arrangements with the court reporter to pay for the ordered transcripts may result in sanctions pursuant to Fed. R. App. P. 46(c). (f) Paying for Additional Portions of the Transcript. If appellee notifies appellant that additional portions of the transcript are required pursuant to 9th Cir. R. 10-3.2(c), appellant shall make arrangements with the court reporter to pay for these additional portions unless appellant certifies that they are unnecessary to the appeal and explains why not. If such a certificate is filed in the district court, with copies to the court reporter and this court, the district court shall determine which party shall pay for which portions of the transcript. Appellant may ask the Court of Appeals for an extension of time to make arrangements with the court reporter to pay for the transcripts pending the district court’s resolution of the issue. (Rev. 7/97) CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 10-3 The intent of the requirement of a statement of the issues is to provide the appellee with notice of those transcripts necessary for resolution of the issues to be raised by the appellant on appeal. While failure to comply with this rule may, in the court’s discretion, result in dismissal of the appeal, dismissal is not mandated if the record is otherwise sufficient to permit resolution of the issues on appeal. See United States v. Alerta, 96 F.3d 1230, 1233-34 (9th Cir. 1996); Syncom Capitol Corp. v. Wade, 924 F.2d 167 (9th Cir. 1991). Similarly, the omission of a given issue from the statement of the issues does not bar appellant from raising that issue in the brief if any transcript portions necessary to support that argument have been prepared. A party who subsequently determines that the initially designated transcripts are insufficient to address the arguments advanced on appeal may seek leave to file a supplemental transcript designation and, if necessary, to expand the record to include that transcript. CIRCUIT RULE 11-1 FILING THE REPORTER’S TRANSCRIPT 11-1.1 Time for Filing the Reporter’s Transcript. The reporter’s transcript shall be filed in the district court within 30 days from the date the Transcript Designation/Ordering Form is filed with the district court, pursuant to the provisions of FRAP 11(b) and in accordance with the scheduling orders issued by the court for all appeals. Upon motion by a reporter, the Clerk of the Court of Appeals or a designated deputy clerk may grant a reasonable extension of time to file the transcript. The grant of an extension of time does not waive the mandatory fee reduction for the late delivery of transcripts unless such waiver is stated in the order. 11-1.2 Procedure for Reporter Defaults. In the event the reporter fails to prepare the transcripts in accordance with the scheduling order issued by the court or within an extension of time granted by this court, appellant shall notify this court of the need to modify the briefing schedule. Such notice shall be filed within 14 days after the due date for filing of the transcripts. The notice shall indicate when the transcripts were designated, when financial arrangements were made or the voucher was approved, the dates of hearings for which transcripts have not been prepared and the name of the reporter assigned to those hearings. (Rev. 1/93) CIRCUIT ADVISORY COMMITTEE NOTE TO RULE 11-1.2 The filing of a motion for an extension of time by a reporter relieves appellant of the requirement to file the notification described in Rule 11-1.2 as to that reporter. (Rev. 7/94) 11-1.3 Form and Content of the Reporter’s Transcript. The transcript shall be bound by the reporter in a volume or volumes with pages uniformly and consecutively numbered throughout all volumes. It shall include an index with the names of witnesses, the direct, cross, redirect and other examinations, and exhibit numbers, when offered and received or rejected, as well as instructions and colloquy on instructions. The index shall refer to the number of the volume and the page, shall be cumulative for all volumes, and shall be placed in the first volume. The original set of the transcript shall serve as the copy required by 28 U.S.C. § 753(b). (Rev. 1/93) CIRCUIT RULE 11-2 THE CERTIFICATE OF RECORD Upon the filing of the transcript in the district court, or alternatively, when the district court clerk receives notice that no transcript will be ordered, the clerk of the district court shall file a certificate of record with the clerk of the Court of Appeals. The certificate shall attest that all documents which comprise the clerk’s record on appeal (pleadings, exhibits and other papers filed) and the reporters’ transcript (if any) are available to the parties in the district court clerk’s office. The filing of the certificate of record with the Court of Appeals shall indicate that the Court of Appeals considers the record filed. CIRCUIT RULE 11-3 RETENTION OF THE TRANSCRIPT AND CLERK’S RECORD IN THE DISTRICT COURT DURING PREPARATION OF THE BRIEFS In all cases, as authorized by FRAP 11(c), both the transcript and the clerk’s record shall remain in the custody of the district court for use by the parties in preparing their briefs. CIRCUIT RULE 11-4 RETENTION OF CLERK’S RECORD IN THE DISTRICT COURT IN CIVIL CASES WHERE EXCERPTS OF RECORD ARE FILED; RETENTION OF PHYSICAL EXHIBITS IN THE DISTRICT COURT; TRANSMITTAL OF REPORTER’S TRANSCRIPT; TRANSMITTAL OF CLERK’S RECORD ON REQUEST 11-4.1 Retention of Clerk’s Record in the District Court. Except as noted below, in all civil cases where excerpts of record are to be filed with the Court of Appeals pursuant to Circuit Rule 30-1, the entire clerk’s record shall be retained in the district court unless requested by the Court of Appeals. This provision shall not apply to Tax Court Cases or to cases involving review of Social Security Administration determinations of eligibility for disability insurance benefits and supplemental security income benefits. In appeals from the Bankruptcy Appellate Panel, records will be treated in the same fashion as records on appeal in other civil cases arising from the district court. 11-4.2 Retention of Physical Exhibits in the District Court. All physical exhibits in all cases shall be retained in the district court unless requested by the Court of Appeals. 11-4.3 Transmittal of Reporter’s Transcript. The reporter’s transcript shall be transmitted to the Clerk of the Court of Appeals by the clerk of the district court within 7 days after the district court receives notice from the Court of Appeals that the appellee’s brief has been filed. 11-4.4 Transmittal of Clerk’s Record Upon Request. In cases where the clerk’s record is retained in the district court, if a judge or staff member of the Court of Appeals at any time requires all or part of the clerk’s record, the judge or staff member shall, through the Clerk of the Court of Appeals, request the record from the district court. The district court clerk shall transmit the record to the requesting judge or staff member within 10 days of receiving the request. CIRCUIT RULE 11-5 TRANSMITTAL OF THE CLERK’S RECORD AND REPORTER’S TRANSCRIPT AND EXHIBITS IN ALL OTHER CASES In all cases not falling within the provisions of Circuit Rule 11-4.1, the entire clerk’s record and the reporter’s transcript shall be transmitted to the Court of Appeals within 7 days after the clerk of the district court receives notice from the Court of Appeals that the appellee’s brief has been filed in the Court of Appeals. All physical exhibits shall be retained in the district court unless requested by the Court of Appeals. CIRCUIT RULE 11-6 PREPARATION OF THE CLERK’S RECORD FOR TRANSMITTAL; NUMBER OF COPIES 11-6.1 Preparation of the Clerk’s Record for Transmittal. In cases where the clerk’s record is to be transmitted to the Court of Appeals pursuant to Circuit Rule 11-4.4 or Circuit Rule 11-5, the district court clerk shall tab and identify each document by the docket control number assigned when the document was initially entered on the district court docket. The documents shall be assembled in sequence according to filing dates, with a certified copy of the docket entries at the beginning. Papers shall be bound in a volume or volumes with each document individually tabbed showing the number corresponding to the district court docket entry. The docket sheet shall serve as the index. 11-6.2 Number of Copies. In cases where the clerk’s record is to be transmitted to the Court of Appeals pursuant to Circuit Rule 11-4.4 or 11-5, the district court shall transmit 1 set of the clerk’s record to the Court of Appeals unless the Court of Appeals orders additional copies. If the Court of Appeals requests additional copies, the clerk of the district court shall give notice to the concerned parties, and additional copies shall be provided at the appellant’s expense. The parties shall arrange with the clerk of the district court for any copies of the clerk’s record needed for their own use.

Vegas Law