The appellant must pay the $500 docket fee, plus $5.00 processing fee, to the clerk of the district
court when the Notice of Appeal is filed.
An appellant who cannot afford to pay the fee must file in the district court a motion for "in forma
pauperis"(“IFP”) status unless the district court already permitted the defendant to proceed IFP in that court
and has not revoked that status. See
28 U.S.C. §1915;
If the district court has denied or revoked IFP status, the appellant must pay the fee or make a motion
in the Court of Appeals for IFP status. The motion to proceed IFP must include the Court's
Information Statement (see Motions), a statement explaining the merit of the appeal, and
Affidavit Form CJA-23. The motion must be served on all other parties in the
case, and a proof of service form must be submitted with the motion.
Within 14 days of the filing of the notice of appeal, if the fee has not been paid, an appellant must
(1) move for IFP status in the district court; (2) move for IFP status in the Court of Appeals if the district
court has denied or withdrawn IFP status; or, (3) notify the Court of Appeals that the appellant will make
a motion for IFP status within 30 days of the service of notice that the district court has denied a pending
request for IFP status. If the appellant does not take any of these actions, the Court of Appeals may
dismiss the case.
A motion for IFP status must include a statement that identifies each issue to be raised on appeal and
with respect to each issue, the facts and reasons that demonstrate the issue’s merit. If the appellant fails to
file the statement or if the Court determines that the appeal is frivolous, the appeal may be dismissed. LR
If the appeal is dismissed or denied, the docket fee will not be refunded to appellant.
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and Instructions | How to appeal a case in
the Second Circuit | How to appeal
a criminal case
| Docket fee
Last modified at 12/1/2013