Rev. 05/06/19

TRANSCRIPTS ON APPEAL

Overview:

Rule 8009 (b) governs the process for ordering a complete or partial transcript of the bankruptcy court proceedings. In situations in which a transcript is unavailable, Rule 8009 (c) allows for the parties' preparation of a statement of the evidence or proceedings, which must be approved by the bankruptcy court.

Under Rule 8009(b), the appellant and any cross-appellant must, within the timeframes specified in the Rule, either: (1) make a written order from the reporter, as defined in Rule 8010(a)(1)), a transcript of such parts of the proceedings not already on file as the appellant considers necessary for the appeal, and file a copy of the order; or (2) file a certificate stating that the appellant is not ordering a transcript. Within 14 days after the appellant or cross-appellant files a copy of a transcript order or certificate of not ordering a transcript, the appellee or cross-appellee may order in writing from the reporter (and file a copy with the court) a transcript of additional parts of the proceedings considered necessary for the appeal. At the time of ordering, a party must make satisfactory arrangements with the reporter for paying the cost of the transcript.

Under Rule 8009(c), if a transcript of a hearing or trial is unavailable, the appellant may prepare a statement of the evidence or proceedings from the best available means, to which the appellee may submit objections or proposed amendments within 14 days.

For additional information on Judicial Conference policy regarding the protection of certain personal information and this Court’s process, see Order Audio Files or Transcripts.

Codes, Rules and Forms:
 

CM/ECF Event(s):

Appeal, Certification of No Transcript Ordered re: Notice of Appeal 
Appeal, Response to Statement of Evidence in Lieu of Transcript
Appeal, Statement of Evidence in Lieu of Transcript
Appeal, Transcript Ordered re: Notice of Appeal