Federal notice of appeal deadline

An appeal from a federal district court starts with a one-page notice filed with the district clerk. The courts of appeals treat the civil deadline as jurisdictional: a late notice cannot be saved by agreement of the parties or by the appellate court’s sympathy, only by the narrow procedures in Rule 4 of the Federal Rules of Appellate Procedure (FRAP). That makes the date worth checking twice.

The four deadlines in this calculator

The 60-day civil period applies to every party in the case, not only the government, whenever one of the listed federal parties is in it (28 U.S.C. § 2107(b)).

Why mail days are never added

Most federal periods that start with service get three extra days when the paper was mailed. Appeal periods do not, because they start with entry of the judgment on the docket rather than with service. FRAP 26(c) adds time only “when a party may or must act within a specified time after being served,” and Rule 4 never measures from service. The same is true for the 28-day motions: Rule 59 counts from entry of judgment. Ignore the date on the envelope and the date the e-mail notice arrived; use the docket entry date.

Motions that restart the clock

FRAP 4(a)(4)(A) lists the motions that, if filed on time, suspend the appeal period for every party until the court disposes of the last of them: judgment as a matter of law under Rule 50(b), amended or additional findings under Rule 52(b), attorney’s fees under Rule 54 when the court has extended the appeal time under Rule 58, altering or amending the judgment under Rule 59(e), a new trial under Rule 59, and relief under Rule 60 if it is filed within 28 days. When the court rules, a fresh 30 days (or 60) runs from entry of that order.

The 28-day limit cannot be extended: Rule 6(b)(2) forbids it. A Rule 59 motion filed on day 29 does not toll anything, and the original appeal deadline may already be running out.

If the deadline was missed

The district court can extend the civil appeal deadline if a party moves no later than 30 days after the original time expired and shows excusable neglect or good cause. An extension cannot exceed 30 days after the original deadline or 14 days after the order granting the motion, whichever is later. A separate remedy in FRAP 4(a)(6) lets the court reopen the time for 14 days when a party never received notice of the judgment within 21 days of its entry, but the motion must be filed within 180 days after entry or within 14 days after the party receives notice of the judgment under Civil Rule 77(d), whichever is earlier.

Criminal appeals

A defendant has 14 days to file, counted from the later of entry of the judgment and the government’s own notice of appeal; the government has 30 days, counted from the later of entry and any defendant’s notice. The district court may extend either period by up to 30 days for excusable neglect or good cause under FRAP 4(b)(4). Choose Federal criminal notice of appeal above and pick who is appealing.

Holidays that move an appeal deadline

FRAP 26(a) counts every day and moves a last day that falls on a Saturday, Sunday or legal holiday to the next day that is none of those. The legal holidays are the federal ones, any day the President or Congress declares, and, for periods counted forward, the holidays of the state where the district court sits and of the state where the circuit clerk’s principal office is located. Select the district court’s state above; if the circuit clerk sits in a different state, check its holidays too.

Questions about federal appeal deadlines

How long do you have to file a notice of appeal in federal court?

Thirty days after entry of the judgment or order in a civil case, or 60 days when the United States or a federal agency, officer or employee is a party (FRAP 4(a)(1)). In a criminal case the defendant has 14 days and the government 30, each from the later of entry and the other side’s notice (FRAP 4(b)(1)).

Does the federal appeal clock start when you receive the judgment?

No. It starts on the day the judgment or order is entered on the docket. The period does not run from service, so no mail days are added, and the date an envelope or e-mail notice reached you plays no part in the count (FRAP 4(a)(1); FRAP 26(c)).

Does a motion for a new trial extend the time to appeal?

Yes, if it is filed within 28 days after entry of judgment. A timely motion under Rule 50(b), 52(b) or 59 suspends the appeal period for every party, and a fresh 30 days, or 60, runs from entry of the order deciding the last such motion (FRAP 4(a)(4)(A)).

Can you get more time to file a federal notice of appeal?

Yes, by moving the district court no later than 30 days after the original deadline expired and showing excusable neglect or good cause. Any extension granted may not run past 30 days after the original deadline or 14 days after the order granting it, whichever is later (FRAP 4(a)(5)).

What if you never received notice of the judgment?

The district court may reopen the time to appeal for 14 days if notice of the judgment did not reach you within 21 days of its entry. The motion must be filed within 180 days after entry or 14 days after you receive notice under Civil Rule 77(d), whichever comes first (FRAP 4(a)(6)).

Checks before filing the notice

Confirm the entry date on the docket sheet, the type of order (some interlocutory orders have their own periods, such as 14 days for permission to appeal a class-certification order under Rule 23(f)), and whether any party filed a motion that restarts the clock. To count a period that starts from service instead, use the federal deadline calculator; the answer and pleading deadlines are on the federal answer deadline page.