The federal court of appeals deadline for filing a notice of appeal is 30 days after entry of judgment in most civil cases, 60 days when the United States or a federal officer or agency is a party, and 14 days for a criminal defendant. The government gets 30 days to appeal in criminal cases. These periods are set by statute and by Federal Rule of Appellate Procedure 4, and courts treat them as jurisdictional, which means a late notice almost always ends the appeal.1Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken2Office of the Law Revision Counsel. 28 U.S. Code 2107 – Time for Appeal to Court of Appeals
State court appeals run on entirely different clocks set by each state, sometimes as short as 14 days. If you are appealing a state court decision, the federal rules below do not apply.
Civil Cases: 30 or 60 Days
The standard civil deadline is 30 days after the judgment or order is formally entered on the docket. It comes from both 28 U.S.C. § 2107 and FRAP 4(a)(1)(A).2Office of the Law Revision Counsel. 28 U.S. Code 2107 – Time for Appeal to Court of Appeals
The window stretches to 60 days when the United States government, a federal agency, or a federal officer or employee sued in connection with official duties is a party. Both sides get the longer period, so a private plaintiff suing the government also has 60 days.1Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken
Criminal Cases: 14 Days for the Defendant
A criminal defendant has 14 days after entry of the judgment or order to file a notice of appeal. The government has 30 days when it appeals. If one side files first, the other side’s clock runs from the date of that first notice or from entry of judgment, whichever is later.1Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken
When the Clock Actually Starts
The period does not begin when the judge announces a decision, signs an opinion, or when your lawyer receives a copy. It begins when the judgment is entered on the civil docket by the clerk. That entry is the only event that counts.
Federal Rule of Civil Procedure 58(a) requires most judgments to be set out on a separate document, standing apart from the court’s opinion or memorandum. Some orders are exempt, including rulings on motions for a new trial, motions to amend findings, and motions for relief from judgment. For those, the clock starts when the order hits the docket.
If a separate document is required but never issued, the appeal deadline does not sit open indefinitely. FRAP 4 treats the judgment as entered 150 days after it was recorded on the civil docket, and the appeal period runs from there.1Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken The missing document does not invalidate the appeal; it only affects when the countdown begins.
How to Count the Days
Day counting follows FRAP 26.3Legal Information Institute. Federal Rules of Appellate Procedure Rule 26 – Computing and Extending Time The day of entry itself is day zero. If judgment is entered on a Monday, Tuesday is day one. Every calendar day counts after that, including Saturdays, Sundays, and holidays. You do not skip weekends while counting through the middle of the period.
The one exception is the last day. If the final day of the period falls on a Saturday, Sunday, or legal holiday, the deadline moves to the end of the next business day.
“Legal holiday” is broader than you might expect. It covers federally designated holidays, any day the President or Congress declares a holiday, and any holiday recognized by the state where the district court sits. A state holiday that lands on your deadline day gives you an extra day even if it is not a federal holiday.3Legal Information Institute. Federal Rules of Appellate Procedure Rule 26 – Computing and Extending Time
If the Clerk’s Office Is Inaccessible
If the clerk’s office is inaccessible on the last day for filing, whether from weather, power outage, or system failure, the deadline extends to the first accessible day that is not a Saturday, Sunday, or legal holiday. When the office becomes inaccessible during the last hour of electronic filing, the deadline extends to the same time on the first accessible day.3Legal Information Institute. Federal Rules of Appellate Procedure Rule 26 – Computing and Extending Time
Filing Early Is Safe
A notice filed after the court announces its decision but before judgment is entered on the docket is not thrown out. It is treated as filed on the date the judgment is eventually entered.1Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken Filing one day early costs you nothing. Filing one day late can end everything.
Post-Judgment Motions That Reset the Clock
Certain motions filed in the district court reset the appeal deadline entirely. When one of these motions is timely filed, the appeal clock starts fresh for all parties once the court disposes of the last pending qualifying motion.1Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken The qualifying motions are:
- Judgment as a matter of law under Rule 50(b)
- Amended or additional findings of fact under Rule 52(b)
- Attorney’s fees under Rule 54, but only if the district court extends the appeal time under Rule 58
- New trial or amended judgment under Rule 59
- Relief from judgment under Rule 60, but only if filed within 28 days of entry of judgment
The Rule 60 rule catches people off guard. Rule 60 itself allows motions much later, but the tolling effect on the appeal clock disappears after 28 days. A Rule 60 motion filed months after judgment does not reset the deadline.
If you file a notice of appeal while a qualifying motion is pending, the notice is not lost. It remains effective but does not take effect until the court disposes of the motion, at which point it is treated as filed on the date the last order is entered.
Cross-Appeals
When one party files a timely notice of appeal, the other side gets extra time to file a cross-appeal. In civil cases, the cross-appeal deadline is 14 days after the first notice of appeal or the end of the original 30-day or 60-day period, whichever is later.1Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken In criminal cases, a defendant has 14 days after the government’s notice, and the government has 30 days after a defendant’s notice.
Extensions for Excusable Neglect or Good Cause
Missing the original deadline is not automatically fatal. The district court can extend the time to appeal, but the request must be filed within 30 days after the original deadline expires. The moving party has to show excusable neglect or good cause.2Office of the Law Revision Counsel. 28 U.S. Code 2107 – Time for Appeal to Court of Appeals Good cause generally applies when the delay is not the party’s fault. Excusable neglect covers situations where the fault was the party’s but the circumstances make the delay understandable.
Even when granted, an extension has a hard ceiling. It cannot go beyond 30 days past the original appeal deadline or 14 days after the court enters the extension order, whichever date is later.1Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken For a standard 30-day civil case, that means the outer limit is around 44 days after judgment entry, and only if the court acts immediately.
Reopening the Appeal Period for Lack of Notice
A narrower remedy exists for a party who never received notice that the judgment was entered. The district court can reopen the appeal time, but only if all three conditions are met:1Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken
- The moving party did not receive notice of the judgment within 21 days after it was entered.
- The motion to reopen is filed within 180 days after the judgment was entered, or within 14 days after the party finally receives notice, whichever comes first.
- The court finds that reopening would not prejudice any other party.
If the motion is granted, the reopened window is only 14 days from the date of the reopening order. This remedy is for the party who genuinely did not know a judgment existed, not for someone who knew but failed to act.
The Prison Mailbox Rule
Incarcerated individuals filing pro se get a different rule for when a notice counts as filed. Under FRAP 4(c), a notice deposited in the institution’s internal mail system on or before the last day for filing is timely, provided the inmate includes a signed declaration stating the date of deposit and confirming that first-class postage was prepaid, or provides evidence like a postmark showing the deposit date.1Legal Information Institute. Federal Rules of Appellate Procedure Rule 4 – Appeal as of Right—When Taken The filing date is the deposit date, not the date the clerk receives it. If the institution has a designated legal mail system, the inmate has to use it to get the benefit of the rule.
Why the Deadline Is Not Flexible
These filing periods are not ordinary deadlines. They are limits on the appellate court’s power to hear the case. In Bowles v. Russell, the Supreme Court held that because Congress set the time limits by statute in 28 U.S.C. § 2107, courts cannot craft equitable exceptions to them.4Justia Law. Bowles v. Russell, 551 U.S. 205 (2007) The petitioner in that case filed one day after a deadline that the district court had incorrectly told him was valid. The appeal was dismissed anyway.
The practical lesson: calculate the deadline yourself, and do not rely on what a clerk or even a judge tells you. If the statute says 30 days and you file on day 31, no court can save the appeal, no matter whose mistake caused the delay.