Designation Form (With Instructions) (Page 2 of 2) in pdf

INSTRUCTIONS

If appellant is represented by court-appointed counsel, or is represented by retained

counsel, but a co-defendant who appeals is represented by court-appointed counsel, appellant’s

counsel must designate the record on appeal by completing and filing this form with the clerk

of the district court within 10 days after filing the notice of appeal. Copies must be served on

all parties to the appeal and a copy must be filed with the clerk of the court of appeals. Within

10 days after service of appellant’s designation, appellee may file and serve an additional

designation. Copies of the district court docket sheets must be attached to every copy of the

designation filed or served.

Although nonessential parts of the district court record should not be designated for

inclusion in the record on appeal, it is counsel’s responsibility to see that the record on appeal

is sufficient for consideration and determination of the issues on appeal, and the court is under

no obligation to remedy any failure of counsel to fulfill that responsibility.

Every record on appeal must contain: 1) the last amended complaint and answer, or

the indictment or information and any superseding indictment or information; 2) the final

pretrial order (if any); 3) the district court’s (and bankruptcy court’s or magistrate’s) pertinent

findings and conclusions, opinions, or orders, and, if the findings and conclusions were stated

orally, a copy of the transcript pages where they appear; 4) the final judgment or order from

which the appeal is taken; 5) all jury instructions when an instruction is an issue on appeal,

along with proposed instructions which were refused; 6) the notice of appeal; and 7) the

district court docket sheets.

The following additional items should be included in the record on appeal under the

circumstances indicated:

1) when an appeal is based upon a challenge to the admission or

exclusion of evidence, the giving or failure to give a jury instruction, or any other ruling or

order, a copy of the pages of reporter’s transcript at which the evidence, offer of proof,

instruction, ruling, or order and any necessary objection are reproduced; 2) copies of key trial

exhibits if the appeal requires an analysis of those exhibits (exhibits withdrawn from the

district court should not be designated, but may be included in an addendum to the party’s

appellate brief); 3) relevant portions of briefs, memoranda, affidavits and depositions filed in

support of, or in opposition to, a substantive motion--such as a motion for summary judgment,

motion to dismiss, or jurisdictional motion, when the appeal is from an order granting or

denying the motion; 4) other items, including excerpts of transcripts, if expressly referred to in

the brief and relevant to an issue raised on appeal.

A-9 Designation of Record Form 8/97

Designation Form (With Instructions) Page 2