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FRAP 7

BOND FOR COSTS ON APPEAL IN CIVIL CASES

 The district court may require an appellant to file a
bond or provide other security in such form and amount as it
finds necessary to ensure payment of costs on appeal in a civil
case.  The provisions of Rule 8(b) apply to a surety upon a bond
given pursuant to this rule.

(As amended Apr. 30, 1979, eff. Aug. 1, 1979.)


FRAP 8

STAY OR INJUNCTION PENDING APPEAL

 (a) Stay must ordinarily be sought in the first instance
in district court; motion for stay in court of appeals.
Application for a stay of the judgment or order of a district
court pending appeal, or for approval of a supersedeas bond, or
for an order suspending, modifying, restoring or granting an
injunction during the pendency of an appeal must ordinarily be
made in the first instance in the district court.  A motion for
such relief may be made to the court of appeals or to a judge
thereof, but the motion shall show that application to the
district court for the relief sought is not practicable, or that
the district court has denied an application or has failed to
afford the relief which the applicant requested, with the reasons
given by the district court for its action.  The motion shall
also show the reasons for the relief requested and the facts
relied upon, and if the facts are subject to dispute the motion
shall be supported by affidavits or other sworn statements or
copies thereof.  With the motion shall be filed such parts of the
record as are relevant.  Reasonable notice of the motion shall be
given to all parties.  The motion shall be filed with the clerk
and normally will be considered by a panel or division of the
court, but in exceptional cases where such procedure would be
impracticable due to the requirements of time, the application
may be made to and considered by a single judge of the court.

 (b) Stay may be conditioned upon giving of bond;
proceedings against sureties.  Relief available in the court of
appeals under this rule may be conditioned upon the filing of a
bond or other appropriate security in the district court.  If
security is given in the form of a bond or stipulation or other
undertaking with one or more sureties, each surety submits to the
jurisdiction of the district court and irrevocably appoints the
clerk of the district court as the surety's agent upon whom any
papers affecting the surety's liability on the bond or
undertaking may be served.  A surety's liability may be enforced
on motion in the district court without the necessity of an
independent action.  The motion and such notice of the motion as
the district court prescribes may be served on the clerk of the
district court, who shall forthwith mail copies to the sureties
if their addresses are known.

 (c) Stays in criminal cases.  Stays in criminal cases
shall be had in accordance with the provisions of Rule 38(a) of
the Federal Rules of Criminal Procedure.

(As amended Mar. 10, 1986, eff. July 1, 1986.)

FRAP 9

RELEASE IN CRIMINAL CASES

 (a) Appeals from orders respecting release entered prior
to a judgment of conviction.  An appeal authorized by law from an
order refusing or imposing conditions of release shall be
determined promptly.  Upon entry of an order refusing or imposing
conditions of release, the district court shall state in writing
the reasons for the action taken.  The appeal shall be heard
without the necessity of briefs after reasonable notice to the
appellee upon such papers, affidavits, and portions of the record
as the parties shall present.  The court of appeals or a judge
thereof may order the release of the appellant pending the
appeal.

 (b) Release pending appeal from a judgment of conviction.
Application for release after a judgment of conviction shall be
made in the first instance in the district court.  If the
district court refuses release pending appeal, or imposes
conditions of release, the court shall state in writing the
reasons for the action taken.  Thereafter, if an appeal is
pending, a motion for release, or for modification of the
conditions of release, pending review may be made to the court of
appeals or to a judge thereof.  The motion shall be determined
promptly upon such papers, affidavits, and portions of the record
as the parties shall present and after reasonable notice to the
appellee.  The court of appeals or a judge thereof may order the
release of the appellant pending disposition of the motion.

 (c) Criteria for release.  The decision as to release
pending appeal shall be made in accordance with Title 18, U.S.C.
3143.  The burden of establishing that the defendant will not
flee or pose a danger to any other person or to the community and
that the appeal is not for purpose of delay and raises a
substantial question of law or fact likely to result in reversal
or in an order for a new trial rests with the defendant.

(As amended Apr. 24, 1972, eff. Oct. 1, 1972;
Oct. 12, 1984.)

FRAP 10

THE RECORD ON APPEAL

(a) Composition of the record on appeal.  The original papers and
exhibits filed in the district court, the transcript of
proceedings, if any, and a certified copy of the docket entries
prepared by the clerk of the district court shall constitute the
record on appeal in all cases.

 (b)  The transcript of proceedings; duty of appellant to
order; notice to appellee if partial transcript is ordered.

 (1) Within 10 days after filing the notice of appeal the
appellant shall order from the reporter a transcript of such
parts of the proceedings not already on file as the appellant
deems necessary, subject to local rules of the courts of appeals.
The order shall be in writing and within the same period a copy
shall be filed with the clerk of the district court.  If funding
is to come from the United States under the Criminal Justice Act,
the order shall so state.  If no such parts of the proceedings
are to be ordered, within the same period the appellant shall
file a certificate to that effect.

 (2) If the appellant intends to urge on appeal that a
finding or conclusion is unsupported by the evidence or is
contrary to the evidence, the appellant shall include in the
record a transcript of all evidence relevant to such findings or
conclusion.

 (3) Unless the entire transcript is to be included, the
appellant shall, within the 10 days time provided in (b)(1) of
this Rule 10, file a statement of the issues the appellant
intends to present on the appeal and shall serve on the appellee
a copy of the order or certificate and of the statement.  If the
appellee deems a transcript or other parts of the proceedings to
be necessary, the appellee shall, within 10 days after the
service of the order or certificate and the statement of the
appellant, file and serve on the appellant a designation of
additional parts to be included.  Unless within 10 days after
service of such designation the appellant has ordered such parts,
and has so notified the appellee, the appellee may within the
following 10 days either order the parts or move in the district
court for an order requiring the appellant to do so.

 (4) At the time of ordering, a party must make
satisfactory arrangements with the reporter for payment of the
cost of the transcript.

 (c) Statement of the evidence or proceedings when no
report was made or when the transcript is unavailable.  If no
report of the evidence or proceedings at a hearing or trial was
made, or if a transcript is unavailable, the appellant may
prepare a statement of the evidence or proceedings from the best
available means, including the appellant's recollection.  The
statement shall be served on the appellee, who may serve
objections or proposed amendments thereto within 10 days after
service.  Thereupon the statement and any objections or proposed
amendments shall be submitted to the district court for
settlement and approval and as settled and approved shall be
included by the clerk of the district court in the record on
appeal.

 (d)  Agreed statement as the record on appeal.  In lieu
of the record on appeal as defined in subdivision (a) of this
rule, the parties may prepare and sign a statement of the case
showing how the issues presented by the appeal arose and were
decided in the district court and setting forth only so many of
the facts averred and proved or sought to be proved as are
essential to a decision of the issues presented.  If the
statement conforms to the truth, it, together with such additions
as the court may consider necessary fully to present the issues
raised by the appeal, shall be approved by the district court and
shall then be certified to the court of appeals as the record on
appeal and transmitted thereto by the clerk of the district court
within the time provided by Rule 11.  Copies of the agreed
statement may be filed as the appendix required by Rule 30.

 (e) Correction or modification of the record.  If any
difference arises as to whether the record truly discloses what
occurred in the district court, the difference shall be submitted
to and settled by that court and the record made to conform to
the truth.  If anything material to either party is omitted from
the record by error or accident or is misstated therein, the
parties by stipulation, or the district court, either before or
after the record is transmitted to the court of appeals, or the
court of appeals, on proper suggestion or of its own initiative,
may direct that the omission or misstatement be corrected, and if
necessary that a supplemental record be certified and
transmitted.  All other questions as to the form and content of
the record shall be presented to the court of appeals.

(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff.
July 1, 1986, Apr. 30, 1991, eff. Dec. 1, 1991.)

FRAP 11
 TRANSMISSION OF THE RECORD

 (a) Duty of appellant.  After filing the notice of appeal
the appellant, or in the event that more than 1 appeal is taken,
each appellant, shall comply with the provisions of Rule 10(b)
and shall take any other action necessary to enable the clerk to
assemble and transmit the record.  A single record shall be
transmitted.

 (b) Duty of reporter to prepare and file transcript;
notice to court of appeals; duty of clerk to transmit the record.
Upon receipt of an order for a transcript, the reporter shall
acknowledge at the foot of the order the fact that the reporter
has received it and the date on which the reporter expects to
have the transcript completed and shall transmit the order, so
endorsed, to the clerk of the court of appeals.  If the
transcript cannot be completed within 30 days of receipt of the
order the reporter shall request an extension of time from the
clerk of the court of appeals and the action of the clerk of the
court of appeals shall be entered on the docket and the parties
notified.  In the event of the failure of the reporter to file
the transcript within the time allowed, the clerk of the court of
appeals shall notify the district judge and take such other steps
as may be directed by the court of appeals.  Upon completion of
the transcript the reporter shall file it with the clerk of the
district court and shall notify the clerk of the court of appeals
that the reporter has done so.

 When the record is complete for purposes of the appeal,
the clerk of the district court shall transmit it forthwith to
the clerk of the court of appeals.  The clerk of the district
court shall number the documents comprising the record and shall
transmit with the record a list of documents correspondingly
numbered and identified with reasonable definiteness.  Documents
of unusual bulk or weight, physical exhibits other than
documents, and such other parts of the record as the court of
appeals may designate by local rule, shall not be transmitted by
the clerk unless the clerk is directed to do so by a party or by
the clerk of the court of appeals.  A party must make advance
arrangements with the clerks for the transportation and receipt
of exhibits of unusual bulk or weight.

 (c) Temporary retention of record in district court for
use in preparing appellate papers.  Notwithstanding the
provisions of (a) and (b) of this Rule 11, the parties may
stipulate, or the district court on motion of any party may
order, that the clerk of the district court shall temporarily
retain the record for use by the parties in preparing appellate
papers.  In that event the clerk of the district court shall
certify to the clerk of the court of appeals that the record,
including the transcript or parts thereof designated for
inclusion and all necessary exhibits, is complete for purposes of
the appeal.  Upon receipt of the brief of the appellee, or at
such earlier time as the parties may agree or the court may
order, the appellant shall request the clerk of the district
court to transmit the record.

 (d) [Extension of time for transmission of
the record; reduction of time] [Abrogated]

 (e) Retention of the record in the district court by
order of court.  The court of appeals may provide by rule or
order that a certified copy of the docket entries shall be
transmitted in lieu of the entire record, subject to the right of
any party to request at any time during the pendency of the
appeal that designated parts of the record be transmitted.

 If the record or any part thereof is required in the
district court for use there pending the appeal, the district
court may make an order to that effect, and the clerk of the
district court shall retain the record or parts thereof subject
to the request of the court of appeals, and shall transmit a copy
of the order and of the docket entries together with such parts
of the original record as the district court shall allow and
copies of such parts as the parties may designate.

 (f) Stipulation of parties that parts of the record be
retained in the district court.  The parties may agree by written
stipulation filed in the district court that designated parts of
the record shall be retained in the district court unless
thereafter the court of appeals shall order or any party shall
request their transmittal.  The parts thus designated shall
nevertheless be a part of the record on appeal for all purposes.

 (g) Record for preliminary hearing in the court of
appeals.  If prior to the time the record is transmitted a party
desires to make in the court of appeals a motion for dismissal,
for release, for a stay pending appeal, for additional security
on the bond on appeal or on a supersedeas bond, or for any
intermediate order, the clerk of the district court at the
request of any party shall transmit to the court of appeals such
parts of the original record as any party shall designate.

(As amended Apr. 30, 1979, eff. Aug. 1, 1979; Mar. 10, 1986, eff.
July 1, 1986.)