When must a party replace record citations after a deferred appendix is filed?

Verify court-authorized deferred preparation.

Establish the party’s election to provide later copies with appendix references.

Keep the original Rule 31(a) service and filing deadline separate.

Verify actual appendix filing before calculating the later copy period.

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.

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 authorized deferred appendix is filed 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.

Original brief remains due

Rule 30(c)(2)(B) first requires service and filing within Rule 31(a)’s time with appropriate record references. The later fourteen days does not replace that deadline.

Both later acts

Within the later period, serve and file brief copies containing appendix references in place of or in addition to record references.

Limited changes

Apart from typographical corrections, no other changes may be made to the brief under this procedure.

Record-reference alternative

Rule 30(c)(2)(A) permits citing record pages when the deferred appendix is used and requires indicating those cited record pages in brackets in the prepared appendix. Establish the actual citation choice.

• 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.

• Verify authorized deferral and the citation election.
• Preserve timely original brief service and filing.
• Verify appendix filing.
• Replace or supplement record citations with appendix-page references.
• Make only permitted corrections and serve and file the required copies.
• Electronic court-of-appeals filing ends at midnight in the circuit clerk’s principal-office time zone under FRAP 26(a)(4)(B), unless a different applicable time controls. Ordinary paper filing requires clerk receipt by scheduled closure. Rule 25(a)(2)(A)(ii) has a separate timely mailing or qualifying dispatch exception for briefs and appendices; it does not automatically cover motions or replies. Read actual local instructions, permitted channels, service proof and inaccessibility.