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Roger
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Experience:  Litigation Attorney
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Question for Kirk Adams: Im in the appeals process of my

Resolved Question:

Question for Kirk Adams:

I'm in the appeals process of my fed civil suit which was dismissed with prejudice by the district court.

Due to the political nature of my case I've been denied a referral to an attorney by everyone including the Miami Bar association. So I'm having to act pro se.

I'm trying to understand the below part of rule 10.

"RULE 10. The Record on Appeal
(a) Composition of the Record on Appeal. The following items constitute the record on appeal:
(1) the original papers and exhibits filed in the district court;"

(2) the transcript of proceedings, if any; and
(3) a certified copy of the docket entries prepared by the district clerk."

I'm guessing item (1) would be my original complaint filled with the state court and later removed to the federal court.

As my amended complaint was thrown out without a trial or hearing I assume item (2) doesn't apply in my case.

My main confusion is what is itme (3)? There were about 194 pages of something that I'm not sure what the district clerk called it. Every time I filed a motion or a response it got electroncially read into a court file.
Then it was added onto a list of items on the pacer.gov site, where I could also order a copy.
Is item (3) all the items listed on the pacer site? I think it was called "docket info" or something.

I no longer have access to the pacer site. I'll try to straighten that out.

So to sum up, what is a clear definition of item (3)?
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Hi - thanks for looking me up again!

 

Part (a)(1) is ANY document that has been filed with the court clerk that's in the court file.

 

Part (a)(2) is ANY transcript or recording of any hearing that took place before the judge. For instance, if a hearing was held before the judge on the motion to dismiss your case, there would be a transcript from that hearing and you would need it as part of your record on appeal. Otherwise, the appeals court doesn't know what was said at the hearing by the parties, lawyers or judge.

 

Part (3) is the docket, and probably what you're looking at on pacer - - it has numbers out beside documents, etc. The docket is basically an outline of EVERYTHING that has been filed in the case, the date of filing, the party that filed the document, etc. This is something that the clerk will prepare and submit.

Roger, Attorney
Category: Legal
Satisfied Customers: 26143
Experience: Litigation Attorney
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Expert:  Roger replied 1 year ago.
Hi - I was checking in to see if you need anything further. If so, let me know. Thanks.

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