Published: 2026-08-20 · Prepared by the Federal Appeals Research Desk editorial research desk

Publisher: Federal Appeals Research Desk — Federal Appeals Research Desk

Overview of Notice of Appeal Deadlines

The deadline for filing a notice of appeal in a federal case depends on whether the case is civil or criminal. The governing sources are Federal Rule of Appellate Procedure 4 and, for civil appeals, 28 U.S.C. § 2107. Missing a statutory deadline is not a curable mistake: the Supreme Court has held that statutory appeal deadlines are jurisdictional.

The Civil Deadline: 30 Days, or 60 When the United States Is a Party

Federal Rule of Appellate Procedure 4(a)(1) states the default civil rule:

“(A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after entry of the judgment or order appealed from.” — Fed. R. App. P. 4(a)(1)(A)

Rule 4(a)(1)(B) extends the period when the government is involved:

“The notice of appeal may be filed by any party within 60 days after entry of the judgment or order appealed from if one of the parties is: (i) the United States; (ii) a United States agency; (iii) a United States officer or employee sued in an official capacity; or (iv) a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States’ behalf…” — Fed. R. App. P. 4(a)(1)(B)

The same 30-day/60-day structure appears in the statute. 28 U.S.C. § 2107(a) provides:

“Except as otherwise provided in this section, no appeal shall bring any judgment, order or decree in an action, suit or proceeding of a civil nature before a court of appeals for review unless notice of appeal is filed, within thirty days after the entry of such judgment, order or decree.” — 28 U.S.C. § 2107(a)

The Criminal Deadline: 14 Days for a Defendant

In a criminal case the defendant’s clock is shorter. Federal Rule of Appellate Procedure 4(b)(1)(A) states:

“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.” — Fed. R. App. P. 4(b)(1)(A)

Rule 4(b)(3) explains the effect of certain timely post-trial motions on the deadline: if a defendant timely moves for judgment of acquittal, a new trial, or arrest of judgment under the Federal Rules of Criminal Procedure, the notice of appeal from a judgment of conviction must be filed within 14 days after entry of the order disposing of the last such remaining motion, or within 14 days after entry of the judgment of conviction, whichever period ends later. The district court may also extend the time upon a finding of excusable neglect or good cause, for a period not to exceed 30 days from the expiration of the time otherwise prescribed by Rule 4(b).

Why Statutory Deadlines Are Jurisdictional: Bowles v. Russell

In Bowles v. Russell, 551 U.S. 205 (2007), the Supreme Court held that a civil notice of appeal filed after the statutory period in 28 U.S.C. § 2107 deprived the court of appeals of jurisdiction:

“The taking of an appeal in a civil case within the time prescribed by statute is ‘mandatory and jurisdictional.’” — Bowles v. Russell, 551 U.S. 205, 209 (2007)

“Bowles’ untimely notice of appeal—though filed in reliance upon the District Court’s order—deprived the Sixth Circuit of jurisdiction.” — Bowles v. Russell, 551 U.S. 205 (2007) (syllabus)

In Hamer v. Neighborhood Housing Services of Chicago, 583 U.S. 17 (2017), the Court drew the line between statutory deadlines and deadlines set only by court rule. Rule 4(a)(5)(C)’s limit on extensions, the Court held, is not jurisdictional:

“If a time prescription governing the transfer of adjudicatory authority from one Article III court to another appears in a statute, the limitation is jurisdictional; otherwise, the time specification fits within the claim-processing category.” — Hamer v. Neighborhood Hous. Servs. of Chicago, 583 U.S. 17, 21 (2017)

Extensions and Reopening

Rule 4(a)(5) allows the district court to extend the time to file a notice of appeal in a civil case if a party moves no later than 30 days after the prescribed time expires and shows excusable neglect or good cause. Rule 4(a)(6) allows the district court to reopen the time to file an appeal for 14 days, but only if the court finds the moving party did not receive notice of the entry of judgment within 21 days after entry, the motion is filed within 180 days after entry (or within 14 days after the party receives notice, whichever is earlier), and no party would be prejudiced.

Practical Compliance Notes

Because a late notice of appeal in a civil case can be fatal to appellate review, parties should compute the deadline from the date of entry of judgment or order, calendar the last day, and file well before it. In criminal cases the defendant’s 14-day period runs from entry of judgment or the order being appealed. These deadlines are not suspended by correspondence, informal requests, or a stated intention to appeal.

Conclusion

The notice-of-appeal deadlines rest on two layers: the Federal Rules of Appellate Procedure and, for civil cases, the statutory periods in 28 U.S.C. § 2107. Under Bowles v. Russell, a civil appeal filed outside the statutory period is jurisdictionally barred; rule-based deadlines, as Hamer explains, are claim-processing rules subject to waiver and forfeiture.

Primary sources

• Fed. R. App. P. 4 — Appeal as of Right—When Taken (law.cornell.edu) — “In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after entry of the judgment or order appealed from.”
• Fed. R. App. P. 4(b)(1)(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.”
• 28 U.S.C. § 2107 — Time for appeal to court of appeals (law.cornell.edu) — “no appeal shall bring any judgment, order or decree in an action, suit or proceeding of a civil nature before a court of appeals for review unless notice of appeal is filed, within thirty days after the entry of such judgment, order or decree.”
• 28 U.S.C. § 1291 — Final decisions of district courts (law.cornell.edu) — “The courts of appeals … shall have jurisdiction of appeals from all final decisions of the district courts of the United States…”
• Bowles v. Russell, 551 U.S. 205 (2007) (law.cornell.edu) — “The taking of an appeal in a civil case within the time prescribed by statute is ‘mandatory and jurisdictional.’”
• Hamer v. Neighborhood Hous. Servs. of Chicago, 583 U.S. 17 (2017) (law.cornell.edu) — “If a time prescription governing the transfer of adjudicatory authority from one Article III court to another appears in a statute, the limitation is jurisdictional; otherwise, the time specification fits within the claim-processing category.”