Circuit Rule 11-1: Filing the Reporter’s Transcript
Circuit Rules and General Orders of the Ninth Circuit — Title II. Appeal from a Judgment or Order of a District Court
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) or in accordance with the scheduling orders issued by the Court for all appeals, whichever is later. 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. Notice of 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 21 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 prepared, the dates of hearings for which transcripts have not been prepared and the name of the reporter assigned to those hearings. Prior to submitting any notice, appellant shall contact the court reporter and court reporter supervisor in an effort to cause preparation of the transcripts. The notice shall be accompanied by an affidavit or declaration that describes the contacts appellant has made with the reporter and the supervisor. A copy of the notice and affidavit/declaration shall be served on the court reporter supervisor. (Rev. 1/93, 7/1/06)
Notes
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 Circuit Rule 11-1.2 as to that reporter. (Rev. 7/94)
11-1.3. Form and Content of the Reporter’s Transcript
The pages of the transcript shall be consecutively numbered throughout all volumes if all proceedings were reported by one individual. If proceedings were reported by multiple reporters, consecutive numbering is not required. 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; 12/1/09)