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TITLE 38 App. > RULES > Rule 10

Rule 10. Designation of the Record on Appeal

(a) Designation. Not later than 60 days after the date of the Clerk’s Notice of Docketing, the Secretary must file with the Clerk and serve on the appellant
(1) a designation of all material in the record of proceedings before the Secretary and the Board that was relied upon by the Board in ruling against the appellant on the issues listed by the Board and
(2) any other material from the record that the Secretary considers relevant to the appeal. The Secretary must serve on the appellant a copy of those materials and a list of any record matter that cannot be duplicated. See also Rule 3 (h) (Translations).
(b) Counter Designation. Not later than 30 days after the Secretary serves the designation of the record on appeal, the appellant must file with the Clerk and serve on the Secretary either—
(1) a counter designation of any additional material that was before the Secretary and the Board and that the appellant considers relevant to the appeal (see also Rule 3 (h) (Translations)), or
(2) a statement that the appellant accepts the content of the record as designated by the Secretary. See also Rule 11 (c).
Failure of the appellant to do either will constitute the appellant’s acceptance of the record as designated by the Secretary.
(c) Disputes. If any dispute arises as to the content of the record on appeal, the Court, on its own initiative or on a party’s motion, will resolve the matter. A party’s motion must describe the good faith efforts that have been made to resolve the dispute.
(d) Postdated Material. The parties should take note that the record on appeal generally may not include material postdating the Board decision on appeal.

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