When must an appellant designate ordinary appendix contents?

Establish the ordinary nondeferred procedure and absence of a contents agreement.

Verify actual filing of the record.

Prepare the designation and statement of issues for review.

Distinguish designation service from later appendix filing with the appellant’s brief.

1. Establish actual filing or receipt independently.
2. Exclude that triggering day.
3. Count fourteen calendar days.
4. Check final-day holidays, inaccessibility and actual directions.

Exclude the verified triggering day and count every calendar day under FRAP 26(a)(1). If the final day is Saturday, Sunday or a legal holiday, continue to the next open day. Read actual inaccessibility and applicable directions separately.

FRAP 26(a)(6) includes the listed federal holidays and days declared holidays by the President or Congress. For periods after an event, it also includes holidays declared by the state of the district court that rendered the challenged judgment or order, or the circuit clerk’s principal office. Establish the actual applicable calendar. The national preset does not infer additional state holidays, actual inaccessibility or granted relief.

Fictitious example

In a fictitious scoped procedure, the record is filed July 6, 2026. Exclude July 6 and count fourteen calendar days. July 20 is the assumed open final day, with no additional holiday, inaccessibility or different direction.

Fictitious dates. Establish scope, actual starting facts and required acts separately. The calculation does not prove designation service, permission to defer, sufficient contents or accepted filing.

Contents agreement

Rule 30(b)(1) encourages agreement. Its fourteen-day designation language applies in the absence of an agreement.

Both served documents

Serve the appellee with the designation and statement of issues within the ordinary period.

Authorized deferral

Rule 30(c)(1) requires a court rule or order for deferral. Under that procedure each party designates its parts when serving its brief and need not include an issues statement.

Cross-appeals

Rule 30(b)(1) also applies to a cross-appellant and cross-appellee. Identify the actual role rather than relying only on the caption.

Contents and appendix filing

The appellant must include the additional parts properly designated by the appellee. Ordinary appendix filing is with the brief under Rule 30(a)(3); this designation date is separate.

• This guide does not read local instructions, infer service or delivery, select appendix contents or establish a granted extension.
• A rule-based date does not establish accepted filing, separate service or entitlement to relief.

• Confirm no contents agreement and no authorized deferral.
• Verify record filing and the actual appellant role.
• Prepare the designation and issues statement.
• Complete appellee service within the applicable period.
• Preserve proof and distinguish the later appendix filing.
• The timed Rule 30(b)(1) act is service on the appellee. A circuit filing timestamp alone does not establish that service. Preserve the actual service method and proof under Rule 25. Record filing starts the ordinary clock, so Rule 26(c) does not add time merely because a copy was served.