The Federal Rules of Appellate Procedure govern the notice of appeal, the record, briefing, oral argument, rehearing, and mandate in federal appellate practice.

Circuit local rules supplement them with significant additional requirements.

Alternative Names:

Federal Rules of Appellate Procedure

Why it Matters?

Rule 4 setting the appeal deadline is the provision that forfeits more appellate rights than any other, since it is jurisdictional and non-extendable. Circuit local rules also impose substantial requirements the federal rules do not address, including format, length, and required attachments, which vary enough that a brief conforming to one circuit's rules may be rejected in another.

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Frequently asked questions

Which FRAP provision is most consequential?

Which FRAP provision is most consequential?

Rule 4 setting the appeal deadline, which is jurisdictional and non-extendable, forfeiting appellate rights when missed.

Do circuit local rules matter?

Do circuit local rules matter?

Substantially. They impose format, length, and attachment requirements that vary enough to cause rejection across circuits.