The Notice of Appeal and Appeal Deadlines

Filing the notice

An appeal “may be taken only by filing a notice of appeal with the district clerk within the time allowed by Rule 4” (Fed. R. App. P. 3(a)(1)). In a civil case, the notice “must be filed with the district clerk within 30 days after entry of the judgment or order appealed from” (Rule 4(a)(1)(A)). If the United States, a federal agency or a federal officer is a party, any party has 60 days (Rule 4(a)(1)(B)).

The deadline is jurisdictional

Today we make clear that the timely filing of a notice of appeal in a civil case is a jurisdictional requirement. Because this Court has no authority to create equitable exceptions to jurisdictional requirements, use of the “unique circumstances” doctrine is illegitimate.

Bowles v. Russell, 551 U.S. 205, 214 (2007)

Bowles filed within the 17 days the trial judge had wrongly allowed, but after the 14 days the statute permitted, and lost his appeal. Even so, limited extensions exist. The district court may extend the time if a party moves “no later than 30 days after the time prescribed” and shows “excusable neglect or good cause” (Rule 4(a)(5)).

After the notice

The record on appeal consists of “the original papers and exhibits filed in the district court,” the transcript, and “a certified copy of the docket entries” (Rule 10(a)). Next, the appellant’s brief must include, among other things, a jurisdictional statement, the issues presented, a statement of the case, a summary of the argument and the argument, with “a concise statement of the applicable standard of review” for each issue (Rule 28(a)).

Staying the judgment

Filing an appeal does not by itself stop enforcement. Under Rule 62(a), execution is automatically stayed for 30 days after entry of judgment. After that, a party may obtain a stay “by providing a bond or other security” (Rule 62(b)), often called a supersedeas bond.

Researching notice of appeal in your state

To research notice of appeal for a real matter, start with the primary sources. For example, read the statute, the rule and the documents in your own file. Then look for recent appellate decisions from your state, because they control how local courts read the law. After that, compare what you found with the federal rules that may also apply. Our state procedures guide and the Research Center can help you find and check each source.

Sources and further reading

Official sources used on this page:

• law.cornell.edu
• law.cornell.edu
• law.cornell.edu
• law.cornell.edu
• static.case.law

Related reading on Lawtopolis:

• The Final Judgment Rule and Interlocutory Appeals
• Post-Trial Motions: Judgment as a Matter of Law, New Trial and Relief From Judgment
• Standards of Review: De Novo, Clear Error and Abuse of Discretion
• Notice of appeal