Circuit Rule 10-3: Ordering the Reporter’s Transcript — 9th Cir.

10-3.1. Civil Appeals

(a) Appellant’s Initial Notice

Unless the parties have agreed on which portions of the transcript to order, or appellant intends to order the entire transcript, appellant shall serve appellee with a notice specifying which portions of the transcript appellant intends to order from the court reporter, as well as a statement of the issues the appellant intends to present on appeal. In the alternative, appellant shall serve on appellee a statement indicating that appellant does not intend to order any transcripts. This notice and statement shall be served on appellee within 7 days of the filing of the notice of appeal or within 7 days of the entry of an order disposing of the last timely filed motion of a type specified in FRAP 4(a)(4). (Rev. 12/1/09; 12/1/24)

(b) Appellee’s Response

Within 7 days of the service date of appellant’s initial notice, appellee may respond to appellant’s initial notice by serving on appellant a list of any additional portions of the transcript that appellee deems necessary to the appeal. (Rev. 12/1/09; 12/1/24)

If the parties agree that no transcripts are necessary, appellant shall file in the district court a notice stating that no transcripts will be ordered. (Rev. 12/1/24)

(d) Ordering the Transcript

Within 14 days of 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 and shall provide a copy of the designation form to the court reporter. (Rev. 12/1/09; 12/1/24)

In ordering the transcripts, appellant shall either order all 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 listed by appellee in the response to appellant’s initial notice are unnecessary.

(e) Paying for the Transcript

On or before filing the designation form in the district court, appellant shall make arrangements with the court reporter to pay for the transcripts ordered. The United States Judicial Conference has approved the rates a reporter may charge for the production of the transcript and copies of a transcript. Appellant must pay for the original transcript. The transcript is considered ordered only after the designation form has been filed in the district court and appellant has made payment arrangements with the court reporter or the district court has deemed the transcripts designated by appellee to be unnecessary and appellee has made financial arrangements. Payment arrangements include obtaining authorization for preparation of the transcript at government expense.

(f) Paying for Additional Portions of the Transcript

If appellee notifies appellant that additional portions of the transcript are required pursuant to Circuit Rule 10-3.1(b), 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.

10-3.2. Criminal Appeals

(a) Early Ordering of the Transcript in Criminal Trials Lasting 10 Days or More Where criminal proceedings result in a trial lasting 10 days or more, the district court may authorize the preparation of the transcript for the appeal and payment of the court reporter after the entry of a verdict but before the filing of a notice of appeal. In addition to filing a CJA Form 24 (Authorization and Voucher for Payment of Transcript) in the district court, appointed counsel shall certify to the district court that defendant is aware of the right to appeal, and that the defendant has instructed counsel to appeal regardless of the nature or length of the sentence imposed. (Rev. 12/1/09)

Retained counsel must make a similar certification to the district court along with financial arrangements with the court reporter to pay for the transcripts before obtaining early preparation authorization.

The Court of Appeals waives the reduction on transcript price for transcripts ordered pursuant to this subsection from the date of the initial order to the date the transcripts would otherwise be ordered, i.e., 7 days from the filing of the notice of appeal. (Rev. 12/1/02; 12/1/09)

The parties shall comply with all other applicable parts of Circuit Rule 10-3.2(b) - (f).

(b) Appellant’s Initial Notice

Unless parties have agreed on which portions of the transcript to order or appellant intends to order the entire transcript, appellant shall serve appellee with a notice listing the portions of the transcript appellant will order from the court reporter, as well as a statement of the issues the appellant intends to present on appeal. In the alternative, the appellant shall serve appellee with a statement indicating that no transcripts will be ordered. This notice and statement shall be served on appellee within 7 days of the filing of the notice of appeal or within 7 days of the entry of an order disposing of the last timely filed motion of a type specified in FRAP 4(b). (Rev. 12/1/02; 12/1/09)

Within 7 days of the service of appellant’s initial notice, the appellee may serve on the appellant a response specifying what, if any, additional portions of the transcript are necessary to the appeal. (Rev. 12/1/09)

(d) Ordering the Transcript

Within 14 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 and shall provide a copy of this designation form to the court reporter. 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. (Rev. 12/1/09; 12/1/24)

(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 FRAP 46(c).

(f) Paying for Additional Portions of the Transcript

If appellee notifies appellant that additional portions of the transcript are required pursuant to Circuit Rule 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.

Notes

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.