IOP III: Initial Procedures

A. Appeals, Petitions for Review and Fees. In cases appealed from the district court, the notice of appeal is filed in the district court in accordance with the Fed. R. App. P. and the combined docketing and filing fees are paid to the district court clerk. In administrative agency cases and petitions for mandamus, the docketing fee is paid to the Clerk of the Court of Appeals at the time the petition is filed in the Court of Appeals. The relevant fees can be found in the Schedule of Fees posted on this court's website at www.ca1.uscourts.gov.

B. Ordering Transcripts. The transcripts must be ordered from the court reporter(s) on Transcript Order/Report Form which is available from the district court clerks and from the Clerk of the Court of Appeals. The order for the transcript must be given within 14 days after the filing of the notice of appeal and satisfactory financial arrangements must be made with the court reporter. See Fed. R. App. P. 10, 11; 1st Cir. R. 10.0. Counsel are required to complete these arrangements before the copy of the Transcript Order/Report is filed with the Court of Appeals. If counsel are being paid under the Criminal Justice Act (“CJA”), the CJA form must first be approved and then attached to the Transcript Order/Report Form.

C. Reporter's Duties. If the reporter cannot complete the transcript by the date set by the court, then pursuant to Fed. R. App. P. 11(b) the reporter must file a motion in the Court of Appeals for an enlargement of time for filing the transcript. Counsel for appellants, however, would be well advised to check with the court reporter to see that the transcript will be timely filed and that the reporter is making such a request, if it will not be so completed.