Notice of Appeal

When the notice of appeal is used

Timing: after a final judgment or appealable order. Appeals follow a final judgment in most cases. The Federal Rules of Appellate Procedure govern this stage.

What the rule requires

• An appeal permitted by law as of right is taken by filing a notice of appeal with the district clerk within the time allowed by Rule 4 (FRAP 3(a)(1)).
• In a civil case, the notice of appeal must be filed within 30 days after entry of the judgment or order appealed from (FRAP 4(a)(1)(A)) — or within 60 days when the United States, a U.S. agency, or a U.S. officer or employee sued in an official capacity is a party, among other cases listed in FRAP 4(a)(1)(B).

In practice, read each requirement closely. Then check whether your court adds anything of its own. For example, many courts set page limits, formatting rules or a duty to confer with the other side first.

You can read the full text of Fed. R. App. P. 3, 4(a) online. Also, the federal judiciary publishes the current rules and recent amendments.

The notice of appeal in state court

State courts follow their own rules of procedure. Many states model their rules on the federal rules, so you will often find a similar notice of appeal procedure. However, the name, the deadline and the required form can differ. Therefore, look up the matching rule in your state’s rules of civil procedure. Also read your court’s local rules. Our state procedures guide links to each state’s official rules.

Key terms

In addition, these terms come up often with this procedure:

• Final judgment: a judgment that ends the litigation on the merits and leaves nothing for the court to do but execute it. Most appeals can be taken only from final judgments.
• Appeal: a request that a higher court review a lower court's decision for legal error.
• Appellant: the party who appeals.
• Appellee: the party responding to an appeal.
• Standard of review: the level of deference an appellate court gives to the lower court's decision on a particular issue.
• Notice of appeal: the document that starts an appeal.

Related procedures

Similarly, these procedures often come up alongside it:

• Motion for a Stay Pending Appeal: a request to pause a judgment or order while an appeal is decided.
• Interlocutory Appeal (Certified Question): an appeal from an order that is not a final judgment, allowed when the district judge certifies it.

Before you rely on this page

Always read the current rule yourself instead of relying on a summary. Next, check the local rules and the judge’s standing orders, since they often add steps. Then look for recent decisions from your court that apply the rule. Finally, talk to a licensed attorney about your situation. You can find one in our directory.