IOP § III(H): Court Reporters
Rules of Appellate Procedure and Internal Operating Procedures of the Eighth Circuit — Internal Operating Procedures: III. Presubmission Appellate Process
1. Ordering the Transcript
Appellant’s counsel must order a transcript from the court reporter within fourteen days after filing the notice of appeal. The transcript should include the parts of the proceedings not already on file that appellant deems necessary. If the district court used electronic recording, the transcript should be ordered from the district court clerk. Failure to fulfill these responsibilities may result in dismissal of the case. See FRAP 3(a); 8th Cir. R. 3C. Within 14 days after appellant serves the transcript order, the appellee must file and serve a designation of additional parts to be transcribed. Counsel should observe the district court’s procedures for transcript redaction.
2. Duties of Court Reporters; Extensions of Time
Court reporters are directly responsible to the court of appeals for timely production of transcripts and must request an extension of time for filing the transcript if they cannot prepare the transcript within thirty days from receipt of the appellant’s order. The clerk’s office will notify counsel if an extension of time is granted. Counsel should monitor the court reporter’s progress and notify the clerk’s office if problems or delays arise in transcript production.
3. Proceeding In Forma Pauperis
A party proceeding in forma pauperis must obtain authorization from the court before ordering the necessary parts of the transcript. In direct criminal appeals and state habeas corpus cases in which a certificate of appealability has been granted, the district court or the court of appeals will authorize only the requested parts of the transcript that are necessary to the issues raised on appeal. A request for a transcript in a case governed by the Criminal Justice Act is made by filing a CJA Form 24 in the district court; all processing and payments are administered by the district court. For the specific provisions applicable to ordering the transcript in direct criminal appeals, see the Plan to Expedite Criminal Appeals. Authorization for a transcript in federal habeas corpus and other postconviction appeals is not automatic. A motion for a transcript at government expense must be presented to and granted by the court of appeals. The court of appeals has the power to order a transcript prepared at public expense in any civil case if the proper findings are made. See 28 U.S.C. § 753(f). A copy of the Motion and Affidavit for Permission to Appeal In Forma Pauperis may be obtained from the "Forms" button on the court’s website.