Notice of Appeal

Notice of Appeal

Notice of Appeal

The notice identifies the party appealing, the judgment or order appealed from, and the court to which the appeal is taken. It is filed in the trial court.

In federal civil cases the deadline is 30 days from entry of judgment, or 60 days where the United States is a party.

Alternative Names:

Appeal Notice, Filing an Appeal

Why it Matters?

This is the most unforgiving deadline in litigation because it is jurisdictional: an appellate court cannot hear an untimely appeal regardless of the merits or the reason for the delay. Timely post-trial motions restart the clock from their resolution, which is the only reliable extension. Calendaring the deadline from entry of judgment rather than from the verdict is the recurring error.

Frequently asked questions

Can the notice of appeal deadline be extended?

Can the notice of appeal deadline be extended?

Only in narrow circumstances such as excusable neglect motions in some courts. The deadline is jurisdictional, so untimely notices generally cannot be cured.

When does the clock start?

When does the clock start?

On entry of judgment, not the verdict. A timely post-trial motion suspends it until that motion is decided.