These rules are not intended to reiterate all applicable laws. The word “counsel” throughout these rules also applies to pro se parties.

These rules are effective on May 1, 2024.

XVIII. DOCUMENT RETENTION

Rule 42. Access to and Retention of Office Papers.

(a) One Year Retention Unless Party Requests Longer Period.

The Court will maintain the record of an appeal for one year after the remittitur date unless a party asks the Court in writing to maintain the record for an additional six months, and explains why. The requesting party must send an additional request fourteen days before the expiration of each six-month period to avoid the record being destroyed. The Court will not provide any notice that the record is being destroyed other than that contained in the notice of remittitur. Pursuant to Rule 46 (a), counsel are required to file these requests via the Court’s eFast System. Pro se parties must submit their requests in writing.

(b) Anticipated Appeal or Return to Court of Appeals.

If the parties anticipate that the case will return to the Court or be appealed to the Supreme Court of the United States, the parties must notify the Clerk, in writing, to hold the record in accordance with the requirements in Rule 42 (a).

(c) Notification of Prior Record.

After an appeal is docketed in this Court, an appellant who intends to rely on the record
in a prior appeal of the same case, and who has previously notified the Clerk to hold the
record in accordance with Rule 42 (a) and (b), shall promptly notify the Court of that
intention. This notice should be filed as “Information” on the Court docket and should
be served on opposing counsel or parties.