Notice of Appeal

A notice of appeal is a formal written notice as required by the procedural rules that shows a party’s intention to appeal a judgment order.  It is filed with the court and served on the other parties.  If a notice of appeal is filed after the entry of a civil judgment by a district court but before disposition of any of the post-trial motions, the notice of appeal becomes effective to appeal a judgment or order, in whole or in part, when the order disposing of the last such remaining motion is entered.  If the court announces a decision over a criminal case, and a notice of appeal filed before it disposes of any enumerated post-trial motions, becomes effective upon the later of the entry of the order disposing of the last such remaining motion or the entry of the judgment of conviction.  A notice of appeal filed before the disposition of a proper post judgment motion is ineffective to confer jurisdiction for a state court.

Lack of notice of the entry of a judgment does not affect the time to appeal, or authorize the court to relieve a party for failure to appeal within the time allowed, but it may be a ground for extending the time to appeal.  In some state jurisdictions, the time for appeal does not begin to run until certain notice requirements are complied with.

Motion can be filed with a federal court of appeals to extend time to appeal.  If the motion is filed after the expiration of the normal appeal time, it must be given upon notice to the other parties in accordance with local rules.

Usually, a notice of appeal is not considered to be officially filed until it is in the custody of the clerk.  If a notice of appeal mailed on time was delayed by unanticipated and uncontrollable circumstances, it may be excused.  Extension may be granted where the appellant claims that the notice of appeal should have reached the clerk of the trial court by the deadline for appealing through mail.


Inside Notice of Appeal