5th Cir. R. 11: Transmission of the Record

11.1 Duties of Court Reporters. In all cases where transcripts are ordered, the court reporter must use a form provided by the clerk of this court and:

(a) Acknowledge receiving the transcript order, and indicate the date of receipt;

(b) State whether adequate financial arrangements have been made under the CJA, or otherwise;

(c) Provide the number of trial or hearing days involved in the transcript, and estimate the total number of pages;

(d) Give an estimated date when the transcript will be finished; and

(e) Certify that he or she expects to file the transcript with the district court clerk within the time estimated.

11.2 Requests for Extensions of Time. Court reporters seeking extensions of the time for filing the transcript beyond the 30 day period fixed by FED. R. APP. P. 11(b) must file an extension request with the clerk of this court and must specify in detail:

(a) The amount of work accomplished on the transcript;

(b) A list of all outstanding transcripts due to this and other courts, including the due dates for filing; and

(c) A verification that the trial court judge who tried the case is aware of and approves the extension request.

If a court reporter’s request for an extension of time is granted, he or she must promptly notify all counsel or unrepresented parties of the extended filing date and send a copy of the notification to this court.

11.3 Duty of the Clerk. The district court clerk is responsible for determining when the record on appeal is complete for purposes of the appeal. Unless the record on appeal is sent to this court within 15 days from the filing of the notice of appeal or 15 days after the filing of the transcript of any trial proceedings, whichever is later, the district court clerk must advise the clerk of this court of the reasons for delay and request an extension to file the record. The clerk of this court may grant an extension for no more than 45 days. Extensions beyond 45 days are referred to a single judge. When transmitting the record on appeal in a direct criminal appeal involving more than one defendant, the district court must separate and identify the pleadings and any transcripts of pre-trial, sentencing, and post-trial hearings that apply to fewer than all of the defendants. However, only one copy of the trial transcript is required. In an action involving more than one defendant at trial but where separate actions are filed under 28 U.S.C. § 2255, the district court must separate and identify the pleadings and transcripts of pre-trial, sentencing, and post-trial hearings that apply to less than all of the defendants. One copy of the trial transcript is required for each defendant filing a separate § 2255 action.

I.O.P. - THE CLERK WILL MONITOR ALL OUTSTANDING TRANSCRIPTS AND DELAYS.

ON OCTOBER 11, 1982, THE FIFTH CIRCUIT JUDICIAL COUNCIL ADOPTED A RESOLUTION REQUIRING EACH DISTRICT COURT IN THE FIFTH CIRCUIT TO DEVELOP A COURT REPORTER MANAGEMENT PLAN PROVIDING FOR THE DAY-TO-DAY MANAGEMENT AND SUPERVISION OF AN EFFICIENT COURT REPORTING SERVICE WITHIN THE DISTRICT COURT. THESE PLANS MUST PROVIDE FOR THE SUPERVISION OF COURT REPORTERS IN THEIR RELATIONS WITH LITIGANTS AS SPECIFIED IN THE COURT REPORTER ACT, INCLUDING FEES CHARGED FOR TRANSCRIPTS, ADHERENCE TO TRANSCRIPT FORMAT PRESCRIPTIONS, AND DELIVERY SCHEDULES. THE PLANS MUST ALSO PROVIDE THAT A JUDGE, THE CLERK, OR SOME OTHER PERSON DESIGNATED BY THE COURT SUPERVISES THE COURT REPORTERS.