Federal Circuit Rule 11: Forwarding the Record
Rules of Practice and Internal Operating Procedures of the Federal Circuit — Title II. Appeal from a Judgment or Order of a District Court
(a) Retaining the Record; Certified Copy of the Docket Entries; Archival Storage.
(1) Record and Docket.
The district court clerk must:
(A) retain the assembled record unless this court, on motion or sua sponte, orders otherwise; and
(B) send to this court a certified copy of the docket entries instead of the record.
(2) Archival Storage.
The district court clerk of court must not send the record to archival storage until this court issues its mandate.
(b) Access of Parties and Counsel to the Original Record.
(1) Material Not Subject to a Protective Order; Inspection and Copying.
When a notice of appeal is filed, the trial court clerk of court must permit a party or counsel for a party to inspect and copy the nonconfidential original papers, transcripts, and exhibits to prepare the appendix. This inspection and copying is subject to reasonable regulation by the trial court.
(2) Material Subject to a Protective Order; Inspection and Copying.
A party or counsel for a party must be permitted to inspect and copy material in the record governed by a protective order of the trial court in accordance with that order. If this court modifies or annuls the protective order, the access of a party or counsel is governed by the order of this court.
(c) Protective Orders.
Federal Circuit Rule 25.1(c) applies to the status of trial court protective orders and modification thereof.