Within 14 days after filing the notice of appeal as provided by Rule 8001(a), entry of an order granting leave to appeal, or entry of an order disposing of the last timely motion outstanding of a type specified in Rule 8002(b), whichever is later, the appellant shall file with the clerk and serve on the appellee a designation of the items to be included in the record on appeal and a statement of the issues to be presented. Within 14 days after the service of the appellant’s statement the appellee may file and serve on the appellant a designation of additional items to be included in the record on appeal and, if the appellee has filed a cross appeal, the appellee as cross appellant shall file and serve a statement of the issues to be presented on the cross appeal and a designation of additional items to be included in the record. A cross appellee may, within 14 days of service of the cross appellant’s statement, file and serve on the cross appellant a designation of additional items to be included in the record. The record on appeal shall include the items so designated by the parties, the notice of appeal, the judgment, order, or decree appealed from, and any opinion, findings of fact, and conclusions of law of the court. Any party filing a designation of the items to be included in the record shall provide to the clerk a copy of the items designated or, if the party fails to provide the copy, the clerk shall prepare the copy at the party’s expense. If the record designated by any party includes a transcript of any proceeding or a part thereof, the party shall, immediately after filing the designation, deliver to the reporter and file with the clerk a written request for the transcript and make satisfactory arrangements for payment of its cost. All parties shall take any other action necessary to enable the clerk to assemble and transmit the record.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991, eff. Aug. 1, 1991; Apr. 29, 1994, eff. Aug. 1, 1994; Mar. 26, 2009, eff. Dec. 1, 2009.)
added in current removed in current
Compared to current version (2025).
Within 14 days after filing the notice of appeal as provided by Rule 8001(a), entry of an order granting leave to appeal, or entry of an ord(a) Effective Date of a Certification. A certification of a bankruptcy court’s judgment, order, or decree to a court of appeals for direct review under 28 U.S.C. § 158(d)(2) becomes effective when:
(1) it is filed;
(2) a timely appeal is taken under Rule 8003 or Rule 8004; and
(3) the notice of appeal becomes effective under Rule 8002.
(b) Filing the Certification. The certification must be filed with the clerk of the court where the matter disposing of the last timely motion outstanding of a type specified in Rule 8002(b), whichever is later, the appellant shall file with the clerk and serve on the appellee a designation of the items to be pending. For purposes of this rule, a matter remains pending in the bankruptcy court for 30 days after the first notice of appeal concerning that matter becomes effective under Rule 8002. After that time, the matter is pending in the district court or BAP.
(c) Joint Certification by All Appellants and Appellees.
(1) In General. A joint certification by all appellants and appellees under 28 U.S.C. § 158(d)(2)(A) must be made using Form 424. The parties may supplement the certification with a short statement about its basis. The statement may included in the record on appeal and a sinformation required by (f)(2).
(2) Supplemental Statement ofby the issues to be presentedCourt. Within 14 days after the service of the appellant’s statement the appellee may file and serve on the appellant a designation of additional items to be included in the record on appeal and, if the appellee has filed a cross appeal, the appellee as cross appellant shall file and serve a statement of the issues to be presparties file the certification, the bankruptcy court-or the court where the matter is pending-may file a short supplemental statement about the certification’s merits.
(d) Court ’ s Authority to Certify a Direct Appeal. Only the court where the matter is pending under (b) may certify a direct appeal to a court of appeals. The court may do so on a party’s request or on its own.
(e) Certification by the Court Acting on Its Own.
(1) Separate Document Required; Service; Content. A certification by a court acting on its own must be set forth in a separate document. The clerk of the certifying court must serve the documented on the cross appeal and a designation of additional items to be included parties to the appeal in the manner required for serving a notice of appeal under Rule 8003(c)(1). It must be accompanied by an opinion or memorandum that contains the record. A cross appellee may, within 14 days of service of the cross appellant’s statement, file and serve on the cross appellant a designation of additional items to be included in the record. The record on appeal shall include the items so designated by the parties, the notice of appeal, the judgment, order, or decree appealed from, and any opinion, findings of fact, and conclusiinformation required by (f)(2)(A)-(D).
(2) Supplemental Statement by a Party. Within 14 days after the court’s certification, a party may file with the clerk of the certifying court a short supplemental statement about the merits of certification.
(f) Certification by the Court on Request.
(1) How Requested. A party’s request for certification under 28 U.S.C. § 158(d)(2)(A)-or a request by a majority of the appellants and of the appellees-must be filed with the clerk of the court where the matter is pending. The request must be filed within 60 days after the judgment, order, or decree is entered.
(2) Service; Content. The request must be served on all parties to the appeal in the manner required for serving a notice of appeal under Rule 8003(c)(1). The request must include:
(A) the facts needed to understand the question presented;
(B) the question itself;
(C) the relief sought;
(D) the reasons why a direct appeal should be allowed, including which circumstance specified in 28 U.S.C. § 158(d)(2)(A)(i)-(iii) applies; and
(E) the judgment, order, or decree, and any related opinion or memorandum.
(3) Time to File a Response of law of the courtr a Cross-Request.
(A) Response. Any party filingmay file a dresignation of the items to be included in the record shall provide to the clerk a copy of the items designated or, if the party fails to provide the copy, the clerk shall prepare the copy at the party’s expense. If the record designated by any party includes a transcript of any proceeding or a part thereof, the party shall, immediately after filing the designation, deliver to the reporter and file with the clerk a writtenponse within 14 days after the request has been served, or within such other time as the court where the matter is pending allows.
(B) Cross-Request. A party may file a cross-request for certification within 14 days after the request has been served or within 60 days after the judgment, order, or decree has been entered-whichever occurs first.
(4) Oral Argument Not Required. Unless the court where the matter is pending orders otherwise, a request, a cross-request, and any response will be submitted without oral argument.
(5) Form of a Certification; Service. The court that certifies a direct appeal in response to a request must do so in a separate document served on all parties to the appeal in the manner requestired for the transcript and make satisfactory arrangements for payment of its cost. All parties shall take any other action necessary to enable the clerk to assemble and transmserving a notice of appeal under Rule 8003(c)(1).
(g) Request for Leave to Take a Direct Appeal to a Court of Appeals After Certification. Within 30 days after the certification has become effective under (a), a request for leave to take a direct appeal to a court of appeals must be filed with the record.
(As amended Mar. 30, 1987, eff. Aug. 1, 1987; Apr. 30, 1991circuit clerk in accordance with Fed. R. App. P. 6(c). (Added Apr. 25, 2014, eff. AugDec. 1, 1991;2014; amended Apr. 296, 19942018, eff. AugDec. 1, 1994; Ma2018; Apr. 26, 200924, eff. Dec. 1, 200924.)