Appeals
Notice of Appeal
A notice of appeal is the short filing that starts an appeal by telling the trial court which judgment is being appealed and to which court.
It is usually one page and it is the single most deadline-sensitive document in litigation. In civil cases the deadline is generally thirty days after entry of judgment, or sixty days when the United States is a party; in criminal cases a defendant has fourteen days.
Miss it and the appeal is gone, because the deadline is jurisdictional in most circumstances. Certain timely post-judgment motions reset the clock, which is why counsel file them carefully and calendar both dates.
The notice itself says almost nothing about the argument. It identifies the judgment and the court, and the reasoning arrives months later in the opening brief, so an early notice tells you an appeal exists but not what it is about.
How it appears on a docket
NOTICE OF APPEAL to the Ninth Circuit filed by defendant as to 201 Judgment. Filing fee paid. Transcript order due 14 days.
Governing rule
Fed. R. App. P. 3, 4
Related terms
- Appellate Brief — An appellate brief is the written argument filed in a court of appeals explaining why the decision below should be affirmed or reversed.
- Final Judgment — A final judgment is a decision that ends the case on the merits and leaves nothing for the trial court to do but enforce it.
More on appeals
See this term in a real case
Search federal court records and read the filings where notice of appeal actually shows up. New to federal dockets? Start with how to find a federal case.