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Roger, Attorney
Category: Legal
Satisfied Customers: 31769
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My federal civil suit having been dismissed with prejudice

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My federal civil suit having been dismissed with prejudice I'm appealing pro se.
Under rule 10 of fed appellate procedure, under 10 (b) (1) (A)there having been no hearings or court appearances I assume I don't have to order anything.
However I guess I will have to file a certificate under (B). What is a certificate? Is it something that has to be notorized and/or is it a specific style form?
I'm guess the certificate can just be my plain statement that I as pro se appellant am not ordering anything as there was no hearing.
Do I have to add some sort of statement at the end such as "Under penalty of perjury I attest that to the best of my current knowledge and belief all the statement here in are true."
I've had to add that boiler plate terminology with other paper work I've filed as I'm a pro se plaintiff and not a lawyer.

In other words I'm wondering if there is anything special that has to be done to qualify my submission under rule 10(b)(1)(B) as a "certificate."
Hi - thanks for looking me up again!

There's no specific form that I'm aware of. Instead, it would just be a simple statement that says no transcript will be ordered.

You would use the style of the case and then title the document Rule 10(1)(b) Certificate; Then just say something like:

Comes now, ___________ (Appellant), pursuant to Fed. R. App. P. 10(1)(b), and so certifies that no transcript of hearing will be ordered.

Sign and date it and then get it filed with the court.

Also, I'll try to find an example online.
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Customer: replied 4 years ago.

Next two questions; under fed appellate rule 10 (b)(1)(B)where ever it talks about the appellant (me) "file" a certificate; is that to be filed with the district court that dismissed my case, or is it file with the federal appeals court in Atlanta, or would it be with bot(h the district and the circuit courts?

As a precaution I send a copy of EVERYTHING I submit to the defendants lawyers.

If I have to file the certificate with the circuit court how do I do that? I guess write to the clerk of court for the federal circuit??


Second question, still under rule 10 (b)(2) "....the appellant must include in the record a transcript of all evidence relevant to that finding or conclusion."


[I do plan to bring up that the judge said I had no factual evidence when I did have probably a half dozen facts I had stated as evidence.]


As you replied earlier the record is everything in the file, or the actual papers listed in the docket entries. Also you said I believe from an earlier question that I can only bring up things that were mentioned in the existing file at the time of the district judges dismissal.

Maybe my confusion here is why do I have to "include in the record a transcript of all evidence" when it should already be in the file or at least be in the transcript of a hearing?

Usually, the certificate is filed with the trial court and then transferred to the appellate court, BUT I certainly would recommend calling the trial court clerk to verify.

As for the record, the appeals court will ONLY be provided with whatever you designate or identify to be the parts of the record you want reviewed. Thus, you will have to designate the entire record in order for the appeals court to review it all - including the statements of this judge. Hopefully, this judges statements are in the record.
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