Federal Rules of Appellate Procedure 2014-2015, 2014a

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(7) Entry Defined. (A) A judgment or order is entered for purposes of this Rule 4(a): (i) if Federal Rule of Civil Procedure 58(a) does not require a separate document, when the judgment or order is entered in the civil docket under Federal Rule of Civil Procedure 79(a); or (ii) if Federal Rule of Civil Procedure 58(a) requires a separate document, when the judgment or order is entered in the civil docket under Federal Rule of Civil Procedure 79(a) and when the earlier of these events occurs: • the judgment or order is set forth on a separate document, or • 150 days have run from entry of the judgment or order in the civil docket under Federal Rule of Civil Procedure 79(a). (B) A failure to set forth a judgment or order on a separate document when required by Federal Rule of Civil Procedure 58(a) does not affect the validity of an appeal from that judgment or order. (b) Appeal in a Criminal Case. (1) Time for Filing a Notice of Appeal. (A) In a criminal case, a defendant's notice of appeal must be filed in the district court within 14 days after the later of: (i) the entry of either the judgment or the order being appealed; or (ii) the filing of the government's notice of appeal. (B) When the government is entitled to appeal, its notice of appeal must be filed in the district court within 30 days after the later of: (i) the entry of the judgment or order being appealed; or (ii) the filing of a notice of appeal by any defendant. (2) Filing Before Entry of Judgment. A notice of appeal filed after the court announces a decision, sentence, or order—but before the entry of the judgment or order—is treated as filed on the date of and after the entry. (3) Effect of a Motion on a Notice of Appeal. (A) If a defendant timely makes any of the following motions under the Federal Rules of Criminal Procedure, the notice of appeal from a judgment of conviction must be filed within 14 days after the entry of the order disposing of the last such remaining motion, or within 14 days after the entry of the judgment of conviction, whichever period ends later. This provision applies to a timely motion: (i) for judgment of acquittal under Rule 29; (ii) for a new trial under Rule 33, but if based on newly discovered evidence, only if the motion is made no later than 14 days after the entry of the judgment; or (iii) for arrest of judgment under Rule 34. (B) A notice of appeal filed after the court announces a decision, sentence, or order—but before it disposes of any of the motions referred to in Rule 4(b)(3)(A)—becomes effective upon the later of the following: (i) the entry of the order disposing of the last such remaining motion; or (ii) the entry of the judgment of conviction.
(C) A valid notice of appeal is effective—without amendment—to appeal from an order disposing of any of the motions referred to in Rule 4(b)(3)(A). (4) Motion for Extension of Time. Upon a finding of excusable neglect or good cause, the district court may—before or after the time has expired, with or without motion and notice—extend the time to file a notice of appeal for a period not to exceed 30 days from the expiration of the time otherwise prescribed by this Rule 4(b). (5) Jurisdiction. The filing of a notice of appeal under this Rule 4(b) does not divest a district court of jurisdiction to correct a sentence under Federal Rule of Criminal Procedure 35(a), nor does the filing of a motion under 35(a) affect the validity of a notice of appeal filed before entry of the order disposing of the motion. The filing of a motion under Federal Rule of Criminal Procedure 35(a) does not suspend the time for filing a notice of appeal from a judgment of conviction. (6) Entry Defined. A judgment or order is entered for purposes of this Rule 4(b) when it is entered on the criminal docket. (c) Appeal by an Inmate Confined in an Institution. (1) If an inmate confined in an institution files a notice of appeal in either a civil or a criminal case, the notice is timely if it is deposited in the institution's internal mail system on or before the last day for filing. If an institution has a system designed for legal mail, the inmate must use that system to receive the benefit of this rule. Timely filing may be shown by a declaration in compliance with 28 U.S.C. §1746 or by a notarized statement, either of which must set forth the date of deposit and state that first-class postage has been prepaid. (2) If an inmate files the first notice of appeal in a civil case under this Rule 4(c), the 14-day period provided in Rule 4(a)(3) for another party to file a notice of appeal runs from the date when the district court dockets the first notice. (3) When a defendant in a criminal case files a notice of appeal under this Rule 4(c), the 30-day period for the government to file its notice of appeal runs from the entry of the judgment or order appealed from or from the district court's docketing of the defendant's notice of appeal, whichever is later. (d) Mistaken Filing in the Court of Appeals. If a notice of appeal in either a civil or a criminal case is mistakenly filed in the court of appeals, the clerk of that court must note on the notice the date when it was received and send it to the district clerk. The notice is then considered filed in the district court on the date so noted. (As amended Apr. 30, 1979, eff. Aug. 1, 1979; Pub. L. 100–690, title VII, §7111, Nov. 18, 1988, 102 Stat. 4419; Apr. 30, 1991, eff. Dec. 1, 1991; Apr. 22, 1993, eff. Dec. 1, 1993; Apr. 27, 1995, eff. Dec. 1, 1995; Apr. 24, 1998, eff. Dec. 1, 1998; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005; Mar. 26, 2009, eff. Dec. 1, 2009; Apr. 28, 2010, eff. Dec. 1, 2010; Apr. 26, 2011, eff. Dec. 1, 2011.) Notes of Advisory Committee on Rules—1967 Subdivision (a). This subdivision is derived from FRCP 73(a) without any change of substance. The requirement that a request for an extension of time for filing the notice of appeal made after expiration of the time be made by motion and on notice codifies the result reached
Page 2 and 3: Federal Rules of Appellate Procedur
Page 4 and 5: Rule 25. Filing and Service .......
Page 6 and 7: Notices This work is licensed and p
Page 8 and 9: 12. Docketing the Appeal; Filing a
Page 10 and 11: (2) When these rules provide for fi
Page 12 and 13: On its own or a party's motion, a c
Page 14 and 15: (1) The district clerk must serve n
Page 16 and 17: late payment. Notes of Advisory Com
Page 18 and 19: change is made to eliminate the unc
Page 22 and 23: under the present provisions of FRC
Page 24 and 25: time has run, the district court ma
Page 26 and 27: Paragraph (a)(4) is also amended to
Page 28 and 29: if the Rule 60 motion is filed no l
Page 30 and 31: Subdivision (a)(5)(A)(ii). Rule 4(a
Page 32 and 33: F.3d 1247, 1253 n.4 (6th Cir. 1997)
Page 34 and 35: This introductory clause was confus
Page 36 and 37: the court is authorized to reopen t
Page 38 and 39: circumstances where the ruling on t
Page 40 and 41: 1988—Subd. (b). Pub. L. 100-690 i
Page 42 and 43: Supreme Court has power to prescrib
Page 44 and 45: (A) Motion for Rehearing. (i) If a
Page 46 and 47: unnecessary material. The proceedin
Page 48 and 49: (D) A motion under this Rule 8(a)(2
Page 50 and 51: district-court order regarding rele
Page 52 and 53: understood. In addition to changes
Page 54 and 55: eporter a written order for the tra
Page 56 and 57: (e) Retaining the Record by Court O
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Page 60 and 61: the Note to Rule 26. Rule 12.1. Rem
Page 62 and 63: As published for comment, the secon
Page 64 and 65: is rendered. In the interest of fix
Page 66 and 67: Intervention (a) Petition for Revie
Page 68 and 69: Subdivision (e). The amendment adds
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also permits the parties to stipula
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The deletion of the words "in whole
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y order in a particular case. (As a
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(a) Application for the Original Wr
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Subdivision (b)(1). The requirement
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"continues in effect." The new lang
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The amendments to Rule 24(a) are te
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TITLE VII. GENERAL PROVISIONS Rule
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provision in present rules is for s
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e served in a different city, state
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Changes Made After Publication and
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(B) for electronic filing in the co
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Monday. Friday, Saturday, and Sunda
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when the clerk's office is inaccess
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forward-looking period and backward
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subdivision (a). Subdivison [sic] (
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versions of proposed Rule 26.1 for
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(3) Number of Copies. An original a
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presence of opposing counsel; for e
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Subdivision (a)(4). Subdivision (a)
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(3) the statement of the case; and
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the rule follows the old approach o
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Rules 28(a)(8) through (11) as Rule
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The Federal Rules of Appellate Proc
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eview. . . ." Rule 28.1(c) is amend
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Because the relevance of the matter
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person—other than the amicus curi
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typographical errors, no other chan
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two hundred pages or less. See 10 C
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Subdivision (c). When a deferred ap
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the lesser number of briefs. Inexpe
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(3) When necessary to facilitate in
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Serifs are small horizontal or vert
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may move in one direction only; the
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must follow in making that determin
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Rule 34. Oral Argument (a) In Gener
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that the dispositive issue has been
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Subdivision (d). Subdivision (d) is
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petition for rehearing en banc. The
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(a) Entry. A judgment is entered wh
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1961). The subjects of interest and
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are within the undertaking of the a
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maximum length. See Note to Rule 28
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Court order denying the petition fo
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the time to file a petition for reh
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while a proceeding is pending in th
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officer or employee thereof is not
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"Washington's Birthday," reflecting
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the United States Courts a copy of
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These changes are intended to be st
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Notice is hereby given that ______(
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