When may an appellee designate additional appendix contents?

Identify the actual appendix designation and the appellee responsible for responding.

Verify when the appellee received it rather than assuming receipt on mailing.

Identify additional parts for the court’s attention.

Read applicable deferral and cross-appeal conditions separately.

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. This period expressly starts after receiving the designation. Rule 26(c)’s service-based addition does not apply to this receipt trigger.

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 appellee receives the designation 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.

Receipt rather than service

Rule 30(b)(1) expressly uses receiving the designation. Service completion and actual receipt may occur on different dates.

Additional-parts service

The permitted response is serving the appellant with a designation of additional parts within the applicable period.

Inclusion and unnecessary parts

The appellant must include the designated parts. The parties must not unnecessarily designate record parts, since the entire record remains available to the court.

Cross-appeal roles

The paragraph also applies to a cross-appellant and cross-appellee. Establish the role and actual received designation.

Cost disagreement

Rule 30(b)(2) separately addresses appendix costs and an appellee’s advance payment for parts the appellant considers unnecessary. This date does not resolve that disagreement.

• 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.

• Identify the actual received designation and appellee role.
• Preserve actual receipt evidence.
• Select the additional parts for the court’s attention.
• Serve the appellant within the receipt-based period.
• Preserve service proof and address inclusion and costs separately.
• The timed act is serving the additional designation on the appellant. Do not substitute filing proof for service proof. Preserve actual receipt evidence for the starting day and actual response-service proof under Rule 25. Read current circuit appendix instructions separately.