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Home | Case-Filing | Appealing a Case in the Second Circuit | How to Appeal a Civil Case


Notice of appeal

A party who wishes to appeal a district court's final decision or an interlocutory order specified in 28 U.S.C. ยง 1292(a) can obtain a Notice of Appeal form from the district court and must file the Notice of Appeal in the district court within 30 days after the entry of the judgment or order being appealed. When the United States or its officer or agency is a party, the notice of appeal must be filed by any party within 60 days after the entry of the judgment or order being appealed.

 

If a party files one of the following motions in district court, the time to file an appeal runs from the entry of the order determining the last of the motions:

 

  • for judgment under Fed. R. Civ. P. 50(b);
  • to amend or make additional factual findings under Fed. R. Civ. P. 52(b);
  • for attorney's fees under Fed. R. Civ. P. 54 if the district court extends the time to appeal under Fed. R. Civ. P. 58;
  • to alter or amend the judgment under Fed. R. Civ. P. 59;
  • for a new trial under Fed. R. Civ. P. 59;
  • for relief under Fed. R. Civ. P. 60 if the motion is filed no more than 28 days after the judgment is entered.

 

A party must promptly notify this Court when the party has filed one of the above motions in the district court. Within 14 days of the district court disposing of the last of any of the above motions, the party who filed the motion(s) must notify this Court that the district court has acted on the motion(s).

 

A Notice of Appeal filed after the decision or order is announced but before it is entered is treated as filed on the day of entry. A Notice of Appeal filed after the entry of judgment but before the last of the motions described above is decided is treated as filed when the order determining the last of the motions is entered. FRAP 4(a)(4).

 

A party that seeks to challenge an order determining a motion listed above must file the notice of appeal, or an amended notice of appeal, in compliance with FRAP 3(c). The time to file runs from the entry of the order deciding the last of the motions listed above.

 

Only the district court can extend the time to file a notice of appeal. The circumstances when an extension can be granted are set forth in FRAP 4(a)(5) and 4(a)(6).

 

 

Last modified at 12/17/2010