Free Transcript Information Sheet - Federal

TRANSCRIPT INFORMATION
This information sheet is designed to highlight areas that are often missed when transcripts are ordered. Complete information is available in Rules 10 and 11 of the Federal Rules of Appellate Procedure and the related Fourth Circuit Local Rules. 1. A copy of each transcript order must be attached to the docketing statement filed on appeal so that transcript deadlines can be set and monitored by the Court of Appeals. The Court of Appeals will initiate action to dismiss the appeal under Local Rule 45 if transcript is not ordered as required by the rules. 2. A separate transcript order must be completed for each court reporter and include dates for each hearing requested. If you are unsure of the court reporter, check the district court docket sheet or contact the district court. 3. Court-appointed counsel, Federal Public Defenders excluded, must attach a separate copy of a CJA 24 to the transcript order filed for each court reporter. The original of each CJA 24 is filed with the district court for approval by the district judge. Copies of the CJA 24 are attached to the transcript order forms sent to the court reporter and attached to the docketing statement. The CJA 24 need not be approved by the district court before being attached to the transcript order form sent to the court reporter or the Court of Appeals. 4. All counsel, including retained counsel, must complete Section B of the transcript order. 5. In multi-defendant cases involving CJA defendants, no more than one original transcript should be purchased from the court reporter on behalf of CJA defendants. 6. In criminal appeals seeking review of application of the sentencing guidelines, a transcript of the sentencing hearing must be ordered. In criminal appeals filed under Anders v. California, 386 U.S. 738 (1967), counsel must order a transcript of all proceedings (except opening and closing statements, voir dire, and jury instructions) since the entire record must be reviewed for error. 7. If appellee finds a transcript of other parts of the proceedings to be necessary, the appellee must file and serve a designation of those additional parts on appellant within 14 days after service of the transcript order. If appellant has not ordered the additional parts within 14 days, appellee may within 14 days either order the parts or move in the district court for an order requiring appellant to do so. 8. Counsel may not use "condensed" transcript (wherein several pages of transcript appear on a single sheet) in the joint appendix, and therefore should obtain full-size transcript from the court reporter. 9. The name of the witness and type of examination must appear in the top margin of each page of witness testimony included in the appendix filed on appeal. Counsel should review transcript when received to ensure it contains the necessary page headings. 10. Counsel must redact personal data identifiers (social security numbers; juvenile names; financial account numbers; dates of birth; and, in criminal cases, home addresses) from testimony presented by or on behalf of the parties, opening and closing statements, and sentencing proceedings. Notice of intention to make redactions must be filed in the district court within 7 days of filing of the transcript, and the actual redactions must be filed in the district court within 21 days of filing of the transcript. See Judicial Conference Policy on Privacy and Public Access to Electronic Case Files.
12/01/09