Designation of Records on Appeal in the Tenth Circuit-part I
| Publication year | 1987 |
| Pages | 49 |
1987, January, Pg. 49. Designation of Records on Appeal in the Tenth Circuit-Part I
On July 17, 1985, the U.S. Court of Appeals for the Tenth Circuit ("Tenth Circuit") adopted new procedures for the designation and transmission of records on appeal.(fn1) The new procedures affect appeals from the district courts filed on or after September 1, 1985. They do not affect appeals from the U.S. Tax Court(fn2) or appeals from federal agencies.(fn3) The procedures are designed to reduce the appellate records to only those materials essential to the issues on appeal.
This article describes the new procedures for the designation and transmission of records on appeal in the Tenth Circuit. These procedures have been incorporated into the U.S. Court of Appeals for the Tenth Circuit Rules of Court.(fn4)
Prior to the adoption of the new procedures, the record on appeal was designated by the parties in the district court shortly after the notice of appeal was filed. Now, a "designation of record" is filed by the parties in the Tenth Circuit simultaneously with a principal brief. The designation of record, supplied by the district court, consists of a cover sheet and a copy of the district court docket sheet. To indicate the documents to be included in the record, the parties must circle either the document number or the document and the filing date. An original and one copy of the designation of record is filed with the Tenth Circuit and a copy is served on all parties to the appeal.
An appellant's designation is filed with an opening brief and an appellee's additional designation is filed with an answer brief. An appellee is not required to indicate on the additional designation those documents previously designated by an appellant. If a cross-appeal is filed, an appellant may file an additional designation with a reply-answer brief without prior permission of the court. Only those documents specifically cited in the brief may be designated for inclusion in the record on appeal.
After the time for filing a designation of record has expired, documents that have been filed in the district court may be included in the record only with permission of the court. A motion to supplement the designation must identify the document by name, number or filing date, and must state why the document was not designated on time.
The court, upon review, may modify a designation. Notice of such modification is given to the parties. Once the designation is approved, the...
To continue reading
Request your trial