10th Cir. R. 11

11.1 Record retained in district court (appendix filed).

(A) Notice from district court. In appeals in which an appendix is

required by Rule 30.1, see also 10th Cir. R. 10.3(B), the district

court clerk will notify the parties and the circuit clerk when the

record is complete (i.e., when the appellant certifies that no

transcript will be ordered or the transcript is filed).

(B) Appendix. Appellant electronically files the appendix

concurrently with the opening brief. The appendix must comply

with all provisions of 10th Cir. R. 30.1. The appellee may file a

supplemental appendix in accordance with Rule 30.2.

11.2 Record transmitted to court of appeals (when required).

(A) Designated record. In an appeal in which an appellant is

represented by appointed counsel, the district court clerk must

forward the record to the circuit clerk as required by Federal Rule

of Appellate Procedure 11(b). See also 10th Cir. R. 10.3(A). The

record must include any transcript that has been filed for the

appeal.

(B) Pro se record. In pro se appeals, a record on appeal will be

prepared and docketed. See 10th Cir. R. 10.3(C).

(C) Original file. In a pro se appeal in which the district court denies

the appellant permission to proceed without prepayment of fees

or denies a certificate of appealability, the district court clerk may

transmit the district court’s “original file” to the circuit clerk.

(D) Electronic submission. When the district court clerk transmits a

record electronically, the various volumes shall be forwarded as

separate .pdf files. Pleadings must be bookmarked, and sealed

volumes shall be identified as such.

11.3 Sealed materials.

(A) In the appendix. Rule 25.6 applies to sealed materials in the

appendix.

(B) In the record on appeal. When materials sealed by district

court order are forwarded as part of the record, the district court

clerk must:

(1) separate the sealed materials from other portions of the

record;

(2) enclose them in an envelope clearly marked “Sealed” if

forwarded in hard copy or identify them as sealed in a

separate electronic volume when transmitted; and

(3) affix a copy of the sealing order to the outside of the

envelope if the sealed material is not available electronically.

(C) P retrial services reports, presentence investigation reports,

and statements of reasons. Pretrial services reports,

presentence reports, and statements of reasons are confidential.

If a pretrial services report, a presentence report, or a statement

of reasons is forwarded as part of the record on appeal, the

district court clerk must treat it like sealed material under this

rule.