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Don’t Miss Strict Federal Appeal Filing Deadlines

Don’t Miss Strict Federal Appeal Filing Deadlines

Filing a timely appeal in federal court can be tricky. There are strict deadlines and rules you need to follow, or your appeal could be rejected. This article will break down the key deadlines and requirements so you don’t accidentally miss your chance to file a federal appeal.

The Basics of Federal Appeals

First, a quick overview of the federal court system. There are 94 federal district courts across the country that conduct trials and issue rulings in civil and criminal cases. If you want to challenge a district court’s decision, you appeal to the Court of Appeals for the circuit that includes that district court. There are 13 Circuit Courts of Appeal.The final court of appeal is the Supreme Court of the United States. But the Supreme Court hears very few cases each year. For most litigants, the Circuit Court is the last stop.

Civil vs. Criminal Appeals

The deadlines and procedures for filing a federal appeal depend on whether the case is civil or criminal. Let’s look at civil cases first.

Appeal Deadlines in Civil Cases

In a federal civil case, you generally have 30 days to file a notice of appeal after entry of the judgment or order you want to appeal 1.

 I like to think of this deadline as “30 days after entry.”Here are some key points on calculating the 30-day deadline:

• The 30 days are calendar days, not business days. If the last day of the deadline falls on a weekend or holiday, you still have to file by that date.
• The deadline runs from when the judgment or order is “entered” on the district court docket, not when the court announces its decision. Sometimes there can be a delay between the court’s ruling and formal entry of judgment.
• If the government is a party to the case, any party has 60 days to file an appeal 2.
• If one party files an appeal, any other party has 14 days to also file an appeal, no matter what the original deadline was 3.

It’s easy to miss subtle issues impacting the deadline, so consult with a lawyer when calculating your 30-day window. There are only very limited situations where you can get a deadline extended.

Securing an Extension of the Filing Deadline

The court can extend the 30-day deadline only if you file a motion showing excusable neglect or good cause 4. 

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What Happens If You Miss the Deadline?

If you miss the 30-day deadline, the court will reject your appeal for lack of jurisdiction. This means the appeal is over before it ever gets started.Federal courts interpret appeal deadlines as “mandatory and jurisdictional.” You must file on time or you lose your right to appeal, period. There are no exceptions.That’s why it’s so important to calendar your federal appeal deadline and file on time, every time. An appeal not filed within 30 days of entry of judgment will almost always be dismissed.

Special Deadlines for Interlocutory Orders

The normal 30-day deadline applies to final judgments that resolve all issues in a case. But sometimes you may need to appeal an order that only resolves part of a case, before the final judgment. These interim orders are called interlocutory orders.You can’t appeal an interlocutory order until the district court certifies it for immediate review. Once certified, you have 30 days to file a petition asking the Circuit Court’s permission to appeal the interlocutory order 5.

This is a two-step process – get the district court’s certification, then petition the Circuit Court for review. Both steps must be completed within 30 days of the interlocutory order.

Appeal Deadlines in Criminal Cases

Now let’s look at filing deadlines for federal criminal case appeals.In a criminal case, the defendant has 14 days to file a notice of appeal after entry of the judgment or order. This is much shorter than the 30-day window in civil cases.The government has 30 days to file an appeal in a criminal case. All of the tips above for calculating civil appeal deadlines apply to criminal cases too.

File the Notice of Appeal First

To appeal a federal court ruling, you first must file a notice of appeal in the district court. This is a simple document stating you intend to appeal.The notice of appeal must be filed within the civil or criminal deadline discussed above. You can file other documents for your appeal later, but get the notice of appeal in before the deadline.

File in the Right Place

File the notice of appeal in the district court that issued the order or judgment you are appealing. Do not send it directly to the Circuit Court.If you mistakenly file in the wrong court, your appeal could be rejected as untimely. So make sure to file in the correct district court.

Pay Close Attention to Rules on Content and Form

The Federal Rules of Appellate Procedure contain very specific requirements for the content and format of a notice of appeal. Follow these requirements closely:

• The notice must specify the order or judgment being appealed, the court to which the appeal is taken (the Circuit Court), and the name of the case.
• The notice must list all parties taking the appeal.
• The notice must be signed by the appealing party’s attorney or, if unrepresented, by the party themselves.
• Follow all formatting guidelines for font, paper size, margins, line spacing, etc.

Mistakes in the content or form of your notice of appeal could lead to rejection if the court can’t tell what order is being appealed or who is taking the appeal. Carefully follow the requirements.

Pay the Filing Fee

You must pay a filing fee when submitting the notice of appeal, unless you qualify for a fee waiver based on indigency. The fee for a civil appeal is $505 as of 2023. Criminal appeal fees are $500 for felonies and $402 for misdemeanors.Your appeal may be dismissed if you don’t pay the fee on time. You can submit an application to waive the fee along with your notice of appeal.

Don’t Forget Other Deadlines

After filing your notice of appeal, other deadlines quickly follow. For example, you may need to order transcripts of court proceedings and file a designation of the record on appeal within 14 days of filing.The full schedule of briefing deadlines and procedures is beyond this article. Just remember – the notice of appeal is only the first step. More deadlines apply so don’t delay.

Ask a Lawyer for Help

As you can see, federal appeal procedure is complex, with little room for error. Missed deadlines or filing mistakes could doom your appeal.To make sure you get it right, consult with a lawyer experienced in federal appeals. An attorney can guide you through calculating deadlines, completing the proper forms, and taking all required steps. Don’t risk your appeal by trying to handle it alone.

Conclusion

I hope this overview helps explain the strict deadlines and requirements for filing a federal appeal. Just remember these key tips:

• Note the deadline and calendar it (30 days in civil cases, 14 in criminal).
• File the notice of appeal first, before the deadline.
• File in the correct district court that issued the order you’re appealing.
• Closely follow all content rules for the notice of appeal.
• Pay the required filing fee, unless waived.
• Don’t delay in taking next steps like ordering transcripts.
• Ask a federal appeals lawyer for guidance.

Miss a federal appeal deadline and your case is over immediately. Don’t let that happen – carefully note the deadline and file on time. Consult an experienced appeals attorney so you don’t accidentally miss your chance to be heard.

Sources

 https://www.law.cornell.edu/rules/frap/rule_4

 https://www.ca4.uscourts.gov/AppellateProcedureGuide/General_Provisions/APG-appellatedeadlines.html[3] https://www.law.cornell.edu/rules/frap/rule_4

 https://www.law.cornell.edu/rules/frap/rule_26[5] https://www.law.cornell.edu/rules/frap/rule_5 https://www.law.cornell.edu/rules/frap/rule_4 https://www.ca4.uscourts.gov/AppellateProcedureGuide/General_Provisions/APG-appellatedeadlines.html https://www.uscourts.gov/file/71535/download https://www.law.cornell.edu/rules/frap/rule_3
https://www.uscourts.gov/services-forms/fees/district-court-miscellaneous-fee-schedule https://www.law.cornell.edu/rules/frap/rule_10