United States · Federal appellate transcript procedure
When may the appellee object to an evidence statement when no transcript is available?
When a transcript is unavailable, FRAP 10(c) permits an appellant’s statement from the best available means. The appellee may serve objections or proposed amendments within fourteen days after service. FRAP 26(c) may add three days. The statement and responses then go to the district court for settlement and approval.
- Period
- Fourteen-day base period after service, with any applicable FRAP 26(c) addition and actual extension
- Trigger
- Service of the appellant’s statement of the evidence or proceedings under FRAP 10(c)
- Rule
- FRAP 10(c)
December 1, 2025 compilation
Source guide · No automated date
Establish the actual procedural conditions
The isolated response preset does not implement the FRAP 26(c) service-dependent addition. Actual service and later district settlement remain separate. No computed date or paid record is published.
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Which event starts this transcript procedure?
Establish that the hearing or trial transcript is unavailable.
Identify the actual statement of evidence or proceedings prepared from the best available means.
Verify service of that statement on the appellee.
Read service and delivery proof before applying any added time.
FRAP 10(c)Why is no combined deadline calculated?
- Identify the exact required act and responsible person.
- Establish service or actual completion conditions.
- Read any applicable addition or granted time.
- Complete the required acts using the actual court and reporter instructions.
Establish the actual service method and delivery date. FRAP 26(c) adds three calendar days after the base period otherwise expires unless the paper was served electronically or delivered on the date stated in the proof of service. The isolated preset does not collect these facts or calculate this addition.
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)Why is no automated date shown?
The isolated response preset does not implement the FRAP 26(c) service-dependent addition. Actual service and later district settlement remain separate. No computed date or paid record is published.
Which conditions change the transcript procedure?
- Permitted response
- Rule 10(c) permits serving objections or proposed amendments. The fourteen-day response act is service, not merely drafting or an assumed circuit filing.
- Best available means
- The appellant may prepare the statement from the best available means, including recollection. This does not establish that a particular statement is accurate.
- District settlement and approval
- The statement and any objections or proposed amendments must then be submitted to the district court for settlement and approval.
- Record inclusion
- The district clerk includes the statement in the appeal record as settled and approved. A party’s draft is not itself the approved record.
- Service-dependent time
- Read FRAP 26(c) and actual service and delivery conditions before determining the response period.
- 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 Rule 10(c) require serving my response?
Yes. The fourteen-day language permits the appellee to serve objections or proposed amendments after the statement is served.
FRAP 10(c)Who settles and approves the statement?
The district court settles and approves the statement and considers the submitted objections or amendments. The district clerk includes the approved statement in the record.
FRAP 10(c)Does the appellant’s draft automatically become the appeal record?
No. Rule 10(c) requires district-court settlement and approval before the district clerk includes the statement as approved.
FRAP 10(c)Official sources and scope
Provisions used (9)
| Provision | Purpose |
|---|---|
| FRAP 10(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) | This procedure’s act, actor and starting conditions |
| 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 |