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United States · Federal appellate transcript procedure

When may the appellee order missing transcript parts or ask the district court to require them?

Under FRAP 10(b)(3)(C), if the appellant has not ordered all designated parts and notified the appellee within its applicable period, the appellee may act within the following fourteen days. The appellee may order those parts or move in the district court for an order requiring the appellant to do so. Establish actual preceding expiry before calculating.

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Period
Fourteen calendar days after the verified starting event
Trigger
Actual expiry of the appellant’s applicable ordering and notification period without required completion
Rule
FRAP 10(b)(3)(C)
Federal Rules of Appellate Procedure

December 1, 2025 compilation

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Which event starts this transcript procedure?

Establish the actual designation service and the appellant’s applicable response period independently.

Include any applicable Rule 26(c) addition and actual extension when establishing preceding expiry.

Verify whether all designated parts were ordered and the appellee notified within that period.

Only then enter actual expiry to calculate the following fourteen days.

FRAP 10(b)(3)(C)

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

The appellant’s actual Rule 10(b)(3)(C) period expires July 6, 2026, without all designated parts being ordered and the appellee notified. Count the following fourteen days after the established expiry. 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 appellant-period expiryJuly 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.

Try these dates in the calculator

Which conditions change the transcript procedure?

Conditional ensuing period
Rule 10(b)(3)(C) makes this following period conditional on the appellant not completing the required order and notice within its applicable period.
Two permitted choices
The appellee may order the missing parts or move in the district court for an order requiring the appellant to do so.
Upstream service affects expiry
The appellant’s period follows designation service and may require Rule 26(c). This calculator accepts verified expiry; it does not add service days to or calculate that preceding period.
Ordering and motion are different acts
Ordering entails reporter payment arrangements under Rule 10(b)(4). A motion seeks district-court relief and does not itself constitute a transcript order or guarantee a grant.
FRAP 10(b)(3)(C)
  • 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

Can I enter the designation’s service date?

No. This calculator starts from independently established expiry of the appellant’s preceding period, including any applicable service addition or actual extension.

FRAP 10(b)(3)(C)–(4)

Where does the appellee request an order?

Rule 10(b)(3)(C) specifies a motion in the district court requiring the appellant to order the additional parts.

FRAP 10(b)(3)(C)–(4)

Must the appellee always order the parts personally?

No. Rule 10(b)(3)(C) permits either ordering them or moving in the district court for an order requiring the appellant to do so.

FRAP 10(b)(3)(C)–(4)

Official sources and scope

Provisions used (9)
Provisions used in this guide
ProvisionPurpose
FRAP 10(b)(3)(C)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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