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The proposed amendments to Rule 10 ( b ) would require the appellant to place with the reporter a written order for the transcript of proceedings and file a copy with the clerk , and to indicate on the order if the transcript is to be provided under the Criminal Justice Act. Paragraph ( a ) ( 1 ) says that when granting an appeal is within a court of appeals ' discretion , a party may file a petition for permission to appeal . First , it is anachronistic to refer to a party who is allowed to file a typewritten brief as if that would distinguish the party from all other parties ; any party is permitted to file a typewritten brief . Although it is common to present a district court with a proposed order along with the motion requesting relief , that is not the practice in the courts of appeals . Therefore the transport of the oil has to be done in a dissolved and emulsified form . In light of the change made in subdivision ( a ) which states that a clerk may not refuse to accept for filing a document because it is not in the proper form , there is no further need for a provision stating that a clerk may accept a paper lacking a proof of service . It makes it clear that whenever these rules require a party to file or furnish a number of copies a court may require a different number of copies either by rule or by order in an individual case . That means that the method used must have a print resolution of 300 dots per inch ( dpi ) or more . A proposed order is not required and is not expected or desired . 3148 and FRCrP 38 ( c ) contemplate that the initial determination of whether a convicted defendant is to be released pending the appeal is to be made by the district court .