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United States · Federal appellate transcript procedure

When must an appellant order the transcript or file a no-transcript certificate?

FRAP 10(b)(1) gives the appellant fourteen days after notice filing or entry of the order disposing of the last timely Rule 4(a)(4)(A) motion, whichever is later. Order the necessary transcript in writing and file an order copy with the district clerk within that period, or file a certificate that no transcript will be ordered.

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Period
Fourteen calendar days after the verified starting event
Trigger
The later of notice-of-appeal filing or entry of the last timely qualifying motion disposition
Rule
FRAP 10(b)(1)–(3)(A)
Federal Rules of Appellate Procedure

December 1, 2025 compilation

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Which event starts this transcript procedure?

Establish actual notice-of-appeal filing.

Identify any timely remaining motion of a type specified in Rule 4(a)(4)(A) and the entry disposing of the last such motion.

Choose the later verified event before entering the calculator date.

Identify necessary proceedings not already transcribed on file and read the circuit’s applicable local rule.

FRAP 10(b)(1)–(3)(A)

How is this scoped fourteen-day period counted?

  1. Establish the starting event independently.
  2. Exclude that triggering day.
  3. Count the following fourteen calendar days.
  4. Check final-day holidays, inaccessibility and actual directions.

Exclude the verified triggering day and count fourteen calendar days under FRAP 26(a)(1). If the final day is Saturday, Sunday or a legal holiday, continue to the next open day. Check actual inaccessibility and any applicable order.

FRAP 26(a)(6) includes federal holidays and days declared holidays by the President or Congress. For a period after an event, it also includes holidays declared by the state where the challenged district court or circuit clerk’s principal office is located. The national calendar does not infer additional state holidays, actual inaccessibility or local directions.

FRAP 26(a)(4)–(6), (b) and (c)

What does a worked calculation look like?

Fictitious example

A fictitious notice is filed July 6, 2026, with no later timely Rule 4(a)(4)(A) motion disposition. Exclude July 6 and count fourteen calendar days. July 20 is the assumed open final day. Assume no additional state holiday, inaccessibility or different court direction.

Example counting steps
StepWhat is countedDate
TriggerVerified later Rule 10(b)(1) eventJuly 6, 2026
CountFourteen following calendar daysJuly 20, 2026
Example resultMonday, July 20, 2026

Fictitious dates. Establish the actual trigger and required acts separately. The calculation does not prove ordering, notification, filing or service.

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Which conditions change the transcript procedure?

Written order and district-clerk copy
The transcript order must be written. Within the same period, file its copy with the district clerk.
Public payment statement
If the United States pays under the Criminal Justice Act, the written order must state that fact.
Partial transcript and issues
Unless the entire transcript is ordered, Rule 10(b)(3)(A) requires an issues statement within the same period and service of the order or certificate and statement on the appellee.
Evidence-based challenge
Rule 10(b)(2) requires all evidence relevant to a challenged finding or conclusion when claiming it lacks evidentiary support or contradicts the evidence.
Payment arrangements
Under Rule 10(b)(4), make satisfactory cost-payment arrangements with the reporter at the time of ordering.
FRAP 10(b)(1)–(3)(A)
  • This guide does not select the necessary transcript, classify a motion, infer actual service or read court directions.
  • Authorized direct bankruptcy appeals and district-court/BAP appellate bankruptcy appeals have separate Rule 6 record procedures.

What should I check before completing this act?

Common questions

Transcript acts and procedural conditions

Does notice filing always start the period?

No. Rule 10(b)(1) selects the later of notice filing and entry disposing of the last timely qualifying Rule 4(a)(4)(A) motion. Establish those facts before calculating.

FRAP 10(b)(1)–(3)(B)

Is ordering from the reporter enough?

No. A copy of the written order must also be filed with the district clerk within the same period. Other partial-transcript and payment duties may apply.

FRAP 10(b)(1)–(3)(B)

What changes when I order only part of the transcript?

Rule 10(b)(3)(A) requires the issues statement within the same fourteen days and service of the order or certificate and statement on the appellee.

FRAP 10(b)(1)–(3)(B)

Official sources and scope

Provisions used (9)
Provisions used in this guide
ProvisionPurpose
FRAP 10(b)(1)–(3)(A)This procedure’s act, actor and starting conditions
FRAP 10(b)(1)–(3)(B)Initial transcript order and partial-transcript designation
FRAP 10(b)(3)(C)–(4)Additional ordering, notification, fallback and payment arrangements
FRAP 10(c)Unavailable transcript and district-court settlement
FRAP 11(b)(1)Reporter receipt, completion and additional time
FRAP 26(a)Calendar counting and actual inaccessibility
FRAP 26(a)(4)–(6), (b) and (c)Filing boundaries, holidays, extensions and service additions
FRAP 25(a)Filing and separate service requirements
FRAP 25(b)–(d)Filing and separate service requirements
Read the official Appellate Rules compilation

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