United States · Federal appellate appendix procedure
When may a court-authorized deferred appendix be filed?
FRAP 30(c)(1) permits deferral only when the court provides by rule or order. The provision allows appendix filing twenty-one days after service of the appellee’s brief. Rule 26(c) may add three days. Each party designates its parts when serving its brief and need not include an issues statement. This isolated preset does not calculate the combined service-dependent period.
- Period
- Twenty-one-day service-based reference, subject to authorized procedure, Rule 26(c) and actual directions
- Trigger
- Service of the appellee’s brief under an applicable court-authorized deferred-appendix procedure
- Rule
- FRAP 30(c)(1)
December 1, 2025 compilation
Source guide · No automated date
Establish the actual service and procedural conditions
The isolated twenty-one-day preset neither establishes deferral authorization nor implements the possible Rule 26(c) service addition. No computed date or paid calculation record is published.
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Which event starts this procedure?
Read the court rule or actual order authorizing deferred preparation.
Verify service of the appellee’s brief and actual delivery conditions.
Distinguish deferred designation at brief service from the ordinary record-filing designation.
Read the selected record or appendix citation procedure and actual directions.
FRAP 30(c)(1)Why is no combined date calculated?
- Identify the exact required act and controlling procedure.
- Establish service method and actual delivery facts.
- Apply any Rule 26(c) addition after base-period expiry.
- Read actual orders and complete the required filing and service.
Establish actual service and delivery facts. FRAP 26(c) adds three days after the base period otherwise expires under Rule 26(a), unless the paper was served electronically or delivered on the date stated in proof of service. Count the added days and apply final-day rollover. This isolated preset does not collect these facts or calculate the addition.
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.
FRAP 26(a)(4)–(6), (b) and (c)Why is no automated date shown?
The isolated twenty-one-day preset neither establishes deferral authorization nor implements the possible Rule 26(c) service addition. No computed date or paid calculation record is published.
Which qualifications affect this procedure?
- Court authorization
- The court must provide deferral by rule for a class of cases or order in the particular case. The calculator does not grant or infer that permission.
- Changed designation timing
- Under Rule 30(c)(1), a party designates the record parts it wants in the appendix when it serves its brief and need not include an issues statement.
- Service-dependent addition
- The twenty-one-day reference runs after appellee-brief service. Rule 26(c) requires actual service and delivery facts for any added days.
- References and later copies
- Rule 30(c)(2) distinguishes record-page citations from an election to replace or supplement them with appendix-page references after filing.
- 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.
What should I check before completing this act?
Common questions
Starting facts and required acts
Can I defer the appendix merely because the briefs are not finished?
Rule 30(c)(1) requires court authorization by rule or order. Read that authority and actual directions first.
FRAP 30(b)(1)–(c)(2)When does a party designate parts under authorized deferral?
Rule 30(c)(1) uses the time the party serves its brief and removes the requirement for an issues statement in that designation.
FRAP 30(b)(1)–(c)(2)Does the twenty-one-day preset calculate added service time?
No. Rule 26(c) may add days after the base period. This preset does not collect the necessary service and delivery facts.
FRAP 26(a)(4)–(6), (b) and (c)Official sources and scope
Provisions used (8)
| Provision | Purpose |
|---|---|
| FRAP 30(c)(1) | This procedure’s trigger, period and required acts |
| FRAP 30(a)–(b)(1) | Related procedure and scope qualifications |
| FRAP 30(b)(1)–(c)(2) | Related procedure and scope qualifications |
| FRAP 31(a) | Related procedure and scope qualifications |
| FRAP 26(a) | Calendar counting and actual inaccessibility |
| FRAP 26(a)(4)–(6), (b) and (c) | Holidays, filing boundary, extensions and service additions |
| FRAP 25(a) | Filing channels and brief/appendix dispatch exception |
| FRAP 25(b)–(d) | Separate service and proof |