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The burden is placed upon the defendant in the view that the fact of his conviction justifies retention in custody in situations where doubt exists as to whether he can be safely released pending disposition of his appeal . The custody of exhibits is often the subject of local rules . For example , if a party is a part owner of a corporation in which a judge owns stock , the possibility is quite remote that the judge might be biased by the fact that the judge and the litigant are co-owners of a corporation . The amendment adds a new subparagraph ( 2 ) that requires an appellant to include a specific jurisdictional statement in the appellant 's brief to aid the court of appeals in determining whether it has both federal subject matter and appellate jurisdiction . No good reason appears for a difference between the civil and criminal rule in this regard , and subdivision ( d ) limits the power of the district court to extend the time for transmitting the record in all cases to 90 days from the date of filing the notice of appeal , just as its power is now limited with respect to docketing and filing in civil cases .