United States · Supreme Court
When must I serve additional joint appendix designations?
Under Supreme Court Rule 26.2, a respondent or appellee who finds the designated record insufficient must serve additional designations within 10 days after receiving the initial designation. Use actual receipt, not its dispatch or the grant order. Approved deferral uses a different designation event.
- Period
- 10 calendar days
- Trigger
- Receipt of the initial appendix designation
- Rule
- Supreme Court Rule 26.2
Adopted February 17, 2026, effective March 16, 2026
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Which event starts this period?
Establish when the respondent or appellee received the initial designation.
Identify the additional record parts needed because the initial designation is insufficient. A mere disagreement does not change the receipt date.
Confirm the ordinary method applies. Approved deferral requires designations when each party’s brief is served under Rule 26.4.
Supreme Court Rule 26.2How are the 10 days counted?
- Use established receipt of the initial designation, not when it was sent or when the Court granted review.
- Exclude the established trigger day.
- Count 10 calendar days.
- Apply Rule 30.1 final-day adjustment.
- Complete the required service by that date.
Supreme Court Rule 30.1 excludes the trigger day and includes every intermediate calendar day. For periods shorter than seven days it excludes intermediate closed days. Each fixed period reviewed here is at least seven days.
The incoming paper’s actual receipt starts the ten days. Do not replace it with the sender’s mailing date or add an assumed transit allowance after the count.
If the final day is Saturday, Sunday, a federal legal holiday listed in 5 U.S.C. 6103 or a Court-building closure ordered by the Court or Chief Justice, Rule 30.1 continues the period to the next day that is none of those. Check actual Court closure orders. The calculator does not infer additional closures.
Supreme Court Rule 30What does an ordinary calculation look like?
Fictitious example
Fictitious receipt of the initial designation on August 24, 2026. The respondent considers the record portions insufficient and uses the ordinary appendix method. Exclude the established trigger day, August 24, 2026. Counting 10 calendar days reaches September 3, 2026. The final day is an open weekday.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Receipt of the initial appendix designation | August 24, 2026 |
| Count | 10 calendar days | September 3, 2026 |
Fictitious facts and dates. No different schedule, additional Court closure or extension is assumed.
Try these dates in the calculatorWhich qualifications can change the procedure?
- Insufficient initial contents
- Rule 26.2 addresses the respondent or appellee who considers the initial designation insufficient. Serve a designation of additional parts on petitioner or appellant.
- Required inclusion
- The petitioner or appellant must include the parts additionally designated. The rule separately addresses a motion concerning unnecessary printing when the opposing party proceeds in forma pauperis.
- Deferred designations
- Rule 26.4 changes the designation event to each party’s brief service if the Clerk allows deferral.
- Unnecessary portions and costs
- Rules 26.2 and 26.3 address unnecessary record portions and cost allocation. This date calculation does not decide those disputes.
- The calculator counts the encoded default period after an established trigger. It does not determine jurisdiction, party alignment or the effect of a particular order.
- Check the Court’s docket, actual directions and proof of the required act.
What should I check before completing the required act?
Common questions
The specific procedure
Does the grant order start my additional designation’s ten days?
No. The counter-designation period under Rule 26.2 starts after receiving the initial designation. The order starts the different initial designation period.
Supreme Court Rule 26.2Do I use the date the other side mailed its designation?
Use the established receipt date required by Rule 26.2. Mailing and receipt are different events.
Supreme Court Rule 26.2Must the petitioner include the additionally designated parts?
Rule 26.2 directs inclusion. Its pauper-party printing motion and Rule 26.3’s cost provisions require separate checks.
Supreme Court Rule 26.2Computation and service
Which closed days does the Supreme Court count?
Rule 30.1 uses Saturdays, Sundays, federal legal holidays listed in 5 U.S.C. 6103 and a Court-building closure ordered by the Court or Chief Justice. It does not import every state or DC holiday. Check actual Court closure orders.
Supreme Court Rule 30Does electronic Court filing complete the required service?
No. Rule 29.7 expressly says submission to the Court’s electronic system does not itself transmit the document to other parties. The March 2026 guidelines also distinguish automatic case notifications from formal service.
Supreme Court Rule 29.7Official sources and scope
Provisions used (9)
| Provision | Purpose |
|---|---|
| Supreme Court Rule 26.2 | This procedure’s actor, trigger, period and required act |
| Supreme Court Rule 26.3–4 | The identified related procedural qualification |
| Supreme Court Rule 26.9 | The identified related procedural qualification |
| Supreme Court Rule 30.1 | The identified related procedural qualification |
| Supreme Court Rule 30 | Computation, closures and authorized extension procedure |
| Supreme Court Rule 29.1–3 | The identified related procedural qualification |
| Supreme Court Rule 29.2–3 | The identified related procedural qualification |
| Supreme Court Rule 29.7 | The identified related procedural qualification |
| Electronic Filing Guidelines, March 2026 | Current electronic requirements, exceptions and separate service |