§ 6101.32 - Appeal from Board decision[Rule 32].  


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  • 6101.32 Appeal from a Board decision[Rule 32].

    (a) Record on review. When a party has appealed a Board decision to Notice. A party filing a notice of appeal with the United States Court of Appeals for the Federal Circuit , the record on review shall consist of the decision sought to be reviewed, the record before the Board as described in 6101.9(a)(1) through (a)(13) ((or with a district court in an admiralty case) shall provide a copy of the notice to the Board.

    (b) Record on review. The record on appellate review is the record for decision under Rule 9(a) (

    1) through (13

    )

    ),

    and

    such

    any other material

    contained in the Board's file as may be required by the Court of Appeals.

    (b) Notice. At the same time a party seeking review of a Board decision files a notice of appeal, that party shall provide a copy of the notice to the Board.

    (c) Filing of certified list of record materials. Promptly after service upon the Board of a copy of the notice of appeal of a Board decision, the Office of the Clerk of the Board shall file with the Clerk of the United States Court of Appeals for the Federal Circuit a certified list of all documents, transcripts of testimony, exhibits, and other materials constituting the record, or a list of such parts thereof as the parties may designate, adequately describing each. The Board will retain the record and transmit any part thereof to the Court upon the Court's order during the pendency of the appeal.

    (d) Request by attorney of record to review record. When a case is on appeal, an attorney of record may request permission from the Board to sign out for a reasonable period of time the record on appeal to review and to copy if the attorney is unable to gain access to the record from another source

    in a case file that the appellate Court may require.

    (c) Certified list. The Clerk will provide the clerk of the appellate Court a certified list as required by the Court's rules.

    (d) Inspection or copying of record. The Clerk will make a record on appeal available for inspection and copying in accordance with the rules of the appellate Court.