10th Cir. R. 3

3.1 Signing notice of appeal.

Every notice of appeal must be signed by the appellant’s counsel or, if

the appellant is proceeding pro se, by the appellant. Counsel’s digital

signature is sufficient under this Rule.

3.2 Preliminary record.

(A) Contents. When an appeal is filed, the district clerk must

promptly send the Clerk, electronically, copies of:

(1) the district court’s docket entries;

(2) pertinent written reports and recommendations, findings

and conclusions, opinions, or orders of a district judge,

bankruptcy judge, or magistrate judge;

(3) the district court’s final judgment or order from which the

appeal is taken;

(4) all postjudgment motions to reconsider or motions

questioning the judgment (see Fed. R. App. P. 4(a)(4) and

Fed. R. Civ. P. 60(b)), and any order disposing of them;

(5) the notice of appeal; and

(6) any motion for extension of time to file the notice of appeal

or to reopen the time to file an appeal and any dispositive

order.

(B) Later filed motions and later entered orders. The district court

clerk must supplement the preliminary record with: any motion

for extension of time to file the notice of appeal or to reopen the

time to file an appeal and any dispositive order; any later filed

postjudgment motions to reconsider or motions questioning the

judgment and any order disposing of them; any amended

judgment; and copies of the related docket entries. Sending the

Clerk the preliminary record and any supplement satisfies the

requirements of Federal Rule of Appellate Procedure 11(e). See

Rule 11.2(B) for procedures in pro se appeals.

3.3 Fees.

(A) Notification. The district court clerk must notify the Clerk when

the fees are paid or when leave to proceed without prepayment

of fees is granted or denied.

(B) Dismissal for failure to comply. An appeal may be dismissed

immediately if, within 14 days after the appeal is docketed in this

court, a party fails to:

(1) pay a required fee;

(2) file a timely motion for extension of time to pay the

required fee; or

(3) file a timely motion for leave to proceed without

prepayment of fees.

(C) Revocation of release. Release pending appeal may be

revoked if the docket fee is not paid or if the appeal is not timely

pursued. The district court must so advise the defendant and the

defendant’s attorney when release pending appeal is ordered.

3.4 Docketing statement.

(A) Filing. Within 14 days after an appeal is docketed in this court,

the appellant must file with the circuit clerk a docketing statement

on a court-approved form (see 10th Cir. Form 1). This

requirement does not apply to appellants proceeding pro se and

does not apply in bail appeals filed under Federal Rule of

Appellate Procedure 9.

(B) Omitted issue. An issue not raised in the docketing statement

may be raised in the appellant’s opening brief.