Local Appendix A: Appellate Transcript Management Plan for the Tenth Circuit

(as amended eff. January 1, 2025)

The Court Reporter Management Plans adopted by the district courts within this circuit and approved by the Judicial Council are incorporated and made a part of this Plan to the extent that they provide for the production of appellate transcripts. To further promote the prompt production of transcripts, which contributes to the timely processing of appeals, the Judicial Council of the Tenth Circuit adopts the following guidelines:

1. District Court Reporter Coordinators

Each district court must appoint a Court Reporter Coordinator within the Clerk’s Office, who will be responsible for:

(a) Monitoring the preparation and filing of transcripts, and ensuring compliance with this Plan,

(b) Bringing to the attention of the Clerk of the court of appeals violations of this Plan, which cannot be resolved locally, and

(c) Ensuring that communications are forwarded to and received by the appropriate parties.

2. Calculation of Times

No transcript order will be deemed complete for purposes of calculation of delivery dates until satisfactory payment arrangements have been made with the court reporter. The Tenth Circuit Transcript Order Form contains the reporter’s certification that arrangements for payment have been made. If the arrangements subsequently fail, the burden will be on reporters to notify this court in writing that the litigant has failed to abide by the arrangements for payment. This notification shall include copies of letters requesting payment or deposit. The court will enforce reporters’ legitimate requests for payment by threat of dismissal of appeals for failure to prosecute.

3. Mandatory Fee Reduction

In accordance with the Judicial Conference policy regarding the late delivery of transcripts for cases on appeal as set forth in Volume 6, Chapter 5, § 530.70.60(b)(1)(A) of the Guide to Judiciary Policy the following fee reductions apply:

(a) For a transcript not delivered to the ordering party and filed on the district court docket within 30 days after satisfactory payment arrangements have been made, the reporter may charge only 90 percent of the prescribed fee.

(b) For a transcript not delivered to the ordering party and filed on the district court docket within 60 days after satisfactory payment arrangements have been made, the reporter may charge only 80 percent of the prescribed fee.

(c) In the event the fee has already been received, the court reporter must disgorge the amount of the mandatory reduction.

(d) The circuit clerk may waive the mandatory fee reduction as set forth in Section 5 of this Plan.

4. Extensions of Time

No provision is made for extensions of time for transcript backlog. Transcript production is considered by the Administrative Office to be compensated by transcript fees. Reporters are expected to hire note readers or substitutes when transcripts cannot be completed within specified times. The hiring of note readers and/or substitutes does not excuse reporters, however, from requesting extensions of time under Fed. R. App. P. 11(b) when a transcript cannot be completed within the prescribed time.

A form for requesting an extension of time and/or fee reduction waiver is attached as Exhibit 1. The Judicial Council prefers that this form be used. An extension of time pursuant to Federal Rule of Appellate Procedure 11(b)(1)(B) does not waive the mandatory fee reduction. To obtain a waiver, a separate request alleging appropriate circumstances must be made.

5. Waiver of Mandatory Fee Reduction

The circuit clerk may waive the mandatory fee reduction or other sanctions imposed by this Plan, upon receipt of a timely request, in circumstances such as illness or incapacity of the court reporter, a planned vacation, when a transcript is ordered for a particularly lengthy or complex proceeding, or when a court reporter receives multiple transcript orders at the same time. The following additional requirements apply when a waiver of the mandatory fee reduction is requested under any of these circumstances:

(a) Illness or Incapacity of the Reporter

A reporter requesting a waiver of the fee reduction due to illness or other incapacity must provide a certification from the district Court Reporter Coordinator which verifies the nature and expected duration of the illness or other incapacity. This certification must be attached to a request for a waiver of the fee reduction and will be kept confidential. The request must include the date by which the transcript will be completed.

(b) Planned Vacation

A reporter requesting a waiver of the fee reduction due to a planned vacation must submit a vacation schedule approved by the trial judge. The request must include the date by which the transcript will be completed.

(c) Lengthy or Complex Litigation

A reporter requesting a waiver of the fee reduction due to the length or complexity of the proceeding must provide a certification from the district judge stating the reason additional time is required. The request must include the date by which the transcript will be completed.

(d) Multiple Transcripts Ordered

A reporter requesting a waiver of the fee reduction due to multiple transcripts being ordered at the same time must provide copies of the orders and the estimated length of the transcripts involved. The request must include the date by which each transcript will be completed.

6. Substitute Court Reporters

Pursuant to Judicial Conference policy, reporters are expected to hire substitutes when they are unable to complete transcripts on time. A reporter who cannot file a transcript before the ninetieth day after it is ordered must remove him or herself from courtroom duties and provide a substitute.

Official reporters are responsible for transcript production by their substitutes. Requests for extensions received from substitute reporters will be returned to the district court reporter coordinator so the appropriate official reporter can make a proper request.

7. Incorporation of Judicial Conference Policy

Judicial Conference policy governing court reporting, as set forth in Volume 6 of the Guide to Judiciary Policy, is incorporated into this Plan. Reporters in this circuit are expected to know and abide by the applicable provisions of the Guide.

8. Miscellaneous Provisions

(a) Multiple Court Reporters Responsible for a Transcript Order

Where there are multiple reporters responsible for a single transcript order, one must take the lead. The lead reporter must be an official court reporter. When a transcript is being paid for under the Criminal Justice Act, the lead reporter must assist in obtaining the district judge’s signature on the completed form CJA 24. If a transcript order form is incomplete or inaccurate, the lead reporter must give written notice of the deficiency to the ordering party with a copy to this court.

(b) Requests to Suspend Production of a Transcript

Occasionally, counsel may request that a reporter suspend production of a transcript. Transcript production may be stopped only by order of the court of appeals. It is the responsibility of the party who ordered the transcript to move for suspension of production.