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Rule 26.1 ( a ) statement with the principal brief or upon filing a motion , response , petition , or answer in the court of appeals , whichever occurs first , unless a local rule requires earlier filing . It also permits the parties to stipulate against transmission of designated parts of the record without the fear that an inadvertent stipulation may " diminish " the record . 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 . See In re Federal Facilities Trust , 227 F.2d 651 ( 7th Cir ., 1955 ) and cases - cited at 654-655 . All fellows are encouraged to apply for institutional or outside fellowship awards for which they may be eminently qualified and competitive .