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


Notice of appeal

 

A defendant who wishes to appeal a final decision of the district court can obtain a Notice of Appeal form from the district court and must file the Notice of Appeal in the district court within 14 days after the entry of the judgment or order being appealed. A Notice of Appeal filed after the decision, sentence, or order is announced but before it is entered is treated as filed on the day of entry.

 

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 or acquittal under Fed. R. Crim. P. 29;

* for a new trial under Fed. R. Crim. P. 33, but if based on newly discovered evidence, only if the motion is made no later than 14 days after the entry of judgment;

* for arrest of judgment under Fed. R. Crim. P. 34.

 

A party must promptly notify this Court when the party has filed one of the above motions in the district court. LR 4.2. 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). Id.

 

A Notice of Appeal filed after the decision, sentence, or order is announced but before the entry of the judgment or order is treated as filed on the day of the entry. FRAP 4(b)(2). 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 upon the later of entry of the order determining the last of the motions or entry of the judgment of conviction. FRAP 4(b)(3)(B).

 

Only the district court can extend the time to file a notice of appeal for excusable neglect or good cause shown.

 

 

Last modified at 12/20/2010